HomeMy WebLinkAbout2010-08-12 - Board of Directors Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, August 12, 2010, 8:30 AM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
William R. Mills, President
Michael J. Beverage, Vice President
Ric Collett
Phil Hawkins
John W. Summerfield
4. ADDITIONS/DELETIONS TO THE AGENDA
5. PUBLIC COMMENTS
Any individual wishing to address the Board is requested to identify themselves and state the matter on which
they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment
when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited
to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five
minutes.
6. CONSENT CALENDAR
All items listed on the consent calendar are considered to be routine matters, status reports, or documents
covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion.
There will be no discussion on the items unless a member of the Board, staff, or public requests further
consideration.
6.1. Minutes of the Regular Board of Directors Meeting Held July 22, 2010
Recommendation: That the Board of Directors approve the minutes as presented.
6.2. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize disbursements in
the amount of $2,689,104.86.
6.3. Amendment to On-Call Services Contract with MWH Americas, Inc. (MWH)
Recommendation: That the Board of Directors authorize approval of On-Call
Services Contract Amendment No. 3 with MWH Americas, Inc., for a fee increase
not to exceed $45,500, resulting in a total fee of $140,740.
6.4. Approval of Change Order No. 4 for Highland Reservoir Replacement Project
Recommendation: That the Board of Directors approve Change Order No. 4, a net
credit to the District in the amount of $38,815.00 and the addition of 47 calendar
days to Schuler Engineering Corporation for construction of the Highland Reservoir
Replacement Project, Job No. 200309.
6.5. Award of Construction Contract for Highland Booster Station Replacement Project
Recommendation: That the Board of Directors authorize the President and
Secretary to execute a construction agreement between Pacific Hydrotech
Corporation and the Yorba Linda Water District for the Highland Booster Station
Replacement Project in the amount of $4,525,800, subject to the approval as to
form by General Counsel.
6.6. Brand-Name Requirements for Well No. 20 Wellhead Equipment
Recommendation: That the Board of Directors approve brand-name requirements
for Well No. 20 Wellhead Equipment for the items listed on the attached
memorandum.
6.7. Terms and Conditions for Water Service with Yorba Linda Country Club
Recommendation: That the Board of Directors approve the Terms and Conditions
for Water Service with Yorba Linda Country Club, Job No. 200707.
6.8. Well Optimization Study Amendment No. 1 with Camp Dresser and McKee, Inc. (CDM)
Recommendation: That the Board of Directors authorize approval of the Consulting
Services Amendment No. 1 with CDM, for a fee increase not to exceed $35,395,
resulting in a total fee of $89,785.
6.9. GPS Automated Vehicle Location (AVL) Professional Services Agreement
Recommendation: That the Board of Directors authorize the General Manager to
execute a Professional Services agreement with RMJ Technologies in the amount
of $42,293, for the initial hardware unit cost ($22,838) and monthly monitoring
service of 56 district vehicles ($19,4551year).
7. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board discussions are needed prior to
formal Board action.
7.1. Memorandum of Understanding with the County of Orange for the Utilization of AlertOC
Recommendation: That the Board of Directors authorize the General Manager to
enter into an MOU between the County of Orange and MWDOC for use of the
AlertOC system.
7.2. Quitclaim for a Portion of an Existing 20-foot Wide Easement at 5465 Summerwood
Lane
Recommendation: That the Board of Directors authorize the President and
Secretary to execute a Quitclaim Deed to Mr. & Ms. Gregory Rex for abandoning
the southwesterly 150.78 feet of a 20-foot wide District easement, as recorded in
Book 11695, Page 688 of Official Records of Orange County.
7.3. Sewer Agreement for MWD's Diemer Treatment Plant
Recommendation: That the Board of Directors approve execution of the Agreement
for Extraterritorial Sewer Service Between the Metropolitan Water District of
Southern California and the Yorba Linda Water District.
7.4. OCWD Memorandum of Understanding (MOU) for Annexation
Recommendation: That the Board of Directors execute the MOU for annexation with
OCWD.
7.5. General Manager's Employment Contract
Recommendation: That the Board of Directors approve the General Manager's
Employment Contract.
8. DISCUSSION ITEMS
This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the
Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for
which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the
District's interest to discuss these more complex matters at one meeting and consider formal action at another
meeting. This portion of the agenda may also include items for information only.
8.1. Draft Public Sewer Transfer Agreement
Recommendation: That the Board of Directors provide comments and feedback to
staff regarding the Draft Public Sewer Transfer Agreement.
9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. President's Report
9.2. Directors' Reports
• MWD Stakeholder Meeting - August 3, 2010 (Hawkins)
9.3. General Manager's Report
9.4. General Counsel's Report
9.5. Future Agenda Items and Staff Tasks
10. COMMITTEE REPORTS
10.1. Executive Administrative-Organizational Committee
(Mills/Beverage) Alternate: Collett
• Meeting scheduled August 17, 2010 at 4:00 p.m.
10.2. Finance-Accounting Committee
(Sum merfield/Collett) Alternate: Mills
Minutes of meeting held August 9, 2010 at 4:00 p.m. (To be provided at the meeting.)
Meeting scheduled September 13, 2010 at 4:00 p.m.
10.3. Personnel-Risk Management Committee
(Collett/Hawkins) Alternate: Summerfield
• Meeting scheduled August 10, 2010 was rescheduled to August 20, 2010 at 4:00 p.m.
10.4. Planning-Engineering-Operations Committee
(Mills/Summerfield) Alternate: Beverage
Minutes of meeting held August 5, 2010 at 4:00 p.m.
Meeting scheduled September 2, 2010 at 4:00 p.m.
10.5. Public Information-Technology Committee
(Beverage/Hawkins) Alternate: Summerfield
• Meeting scheduled August 3, 2010 was rescheduled to August 19, 2010 at 4:00 p.m.
10.6. MWDOC/OCWD Ad Hoc Committee
(Mills/Beverage) Alternate: Collett
Minutes of meeting held July 27, 2010 at 4:00 p.m.
Meeting scheduled September 28, 2010 at 4:00 p.m.
10.7. Citizens Advisory Committee
Minutes of meeting held July 26, 2010 at 8:30 a.m.
Meeting scheduled August 23, 2010 at 8:30 a.m.
11. INTERGOVERNMENTAL MEETINGS
11.1. YL City Council - August 3, 2010 (Mills)
11.2. MWDOC/MWD Workshop - August 4, 2010 (Staff)
11.3. OCWD Board - August 4, 2010 (Staff)
11.4. WACO - August 6, 2010 (Hawkins)
11.5. LAFCO - August 11, 2010 (Beverage/Staff)
11.6. YL Planning Commission - August 11, 2010 (Collett)
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from August 13, 2010 - September 30, 2010
13. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is
excused during these discussions.
13.1. Conference with Legal Counsel - Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code
Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906)
Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No.
00125994)
Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court
- Case No. 00311353)
Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080)
Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239)
Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior
Court - Case No. 00327152)
Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968)
Name of Case: Rodriguez vs. YLWD, et al (OC Superior Court - Case No. 00333938)
Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior
Court - Case No. 00348304)
14. ADJOURNMENT
14.1. The next regular meeting of the Board of Directors will be held August 26, 2010 at 8:30
a. m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Board less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870,
during regular business hours. When practical, these public records will also be made available on the District's internet
website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 6.1
AGENDA REPORT
Meeting Date: August 12, 2010
Subject: Minutes of the Regular Board of Directors Meeting Held July 22, 2010
STAFF RECOMMENDATION:
That the Board of Directors approve the minutes as presented.
ATTACHMENTS:
Narne: Description: Type:
072210 BOD - Minutes.doc BOD Mtg Minutes 07/22/10 Minutes
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent. Director
Collett abstained from voting on this item as
he was not in attendance at the meeting.
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
July 22, 2010
1. CALL TO ORDER
The July 22, 2010 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Mills at 8.30 a.m. The meeting was
held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA
92870.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
William R. Mills, President Ken Vecchiarelli, General Manager
Michael J. Beverage, Vice President Pat Grady, Assistant General Manager
Phil Hawkins Steve Conklin, Engineering Manager
John W. Summerfield Lee Cory, Operations Manager
Stephen Parker, Finance Director
Damon Micalizzi, PI Specialist
Annie Alexander, Executive Secretary
DIRECTORS ABSENT
Ric Collett
OTHER VISITORS
Brett Barbre, Director, Municipal Water District of Orange County
Nancy Rikel, Mayor Pro Tem, City of Yorba Linda
Modesto Llanos, Member, YLWD Citizens Advisory Committee
4. ADDITIONS/DELETIONS TO THE AGENDA
None.
5. PUBLIC COMMENTS
Director Barbre addressed the Board and reported on the current water supply
situation. Director Barbre then responded to questions from the Board regarding
a study to be performed by the Metropolitan Water District for an alternative
water conveyance system and water storage issues at Diamond Valley Lake.
6. CONSENT CALENDAR
On a motion by Director Beverage, seconded by Director Summerfield, the Board
voted 4-0, to approve the Consent Calendar.
1
6.1. Minutes of the Regular Board of Directors Meeting Held July 8, 2010
Recommendation. That the Board of Directors approve the
minutes as presented.
6.2. Payment of Bills, Refunds, and Wire Transfers
Recommendation. That the Board of Directors ratify and authorize
disbursements in the amount of $1,850,937.72.
6.3. Progress Payment No. 14 for Construction of the Hidden Hills Reservoir
Project
Recommendation. That the Board of Directors approve Progress
Payment No. 14 in the net amount of $278,693.85 to Pacific
Hydrotech Corporation for construction of the Hidden Hills
Reservoir Project, Job No. 200028.
7. ACTION CALENDAR -
7.1. Orange County Council of Governments Joint Powers Agreement
Mr. Vecchiarelli briefly explained the purpose of the agreement. Director
Mills then reported that the Executive-Administrative-Organizational
Committee had reviewed the agreement and recommended approval by
the Board.
On a motion by Director Beverage, seconded by Director Hawkins, the
Board voted 4-0 on a Roll Call to adopt Resolution No. 10-19 and execute
the amended and restated OCCOG Joint Powers Agreement.
7.2. Computerized Maintenance & Management System (CMMS)
Mr. Grady provided a brief overview of the CMMS system and its expense
tracking abilities. Director Beverage reported that the Public Information-
Technology Committee had reviewed the agreement for services and
recommended approval by the Board. Mr. Grady then responded to
questions from the Board regarding industry standards for similar
software.
On a motion by Director Beverage, seconded by Director Hawkins the
Board voted 4-0 to authorize the General Manager to execute a
Professional Services Agreement with Westin Engineering, Inc. to provide
CMMS software and implementation services at a cost not to exceed
$248,626.
8. REPORTS, INFORMATION ITEMS AND COMMENTS
8.1. President's Report
President Mills commented on a recent news article regarding the salaries
of City of Bell employees. President Mills then reported on his attendance
at the OCWD Board meeting held July 21, 2010. The majority of the
2
OCWD Board voted to approve the District's Memorandum of
Understanding for annexation with some slight modifications to the
agreement. The associated CEQA study will take approximately one year
to complete.
8.2. Directors' Reports
None.
8.3. General Manager's Report
Mr. Vecchiarelli reported on his attendance at an OCWA luncheon held
July 21, 2010. The presenter discussed the cause of the recent LADWP
water main breaks and attributed them to water conservation. Mr.
Vecchiarelli thanked the Board for their support of the District's pipeline
replacement program which helps prevent events of this nature. Staff will
be reporting on the progress of this program at the next Planning-
Engineering-Operations Committee meeting. `Nkl
8.4. Future Agenda Items and Staff Tasks
None.
9. COMMITTEE REPORTS
9.1. Executive-Administrative-Organizational Committee
(Mills/Beverage) Alternate: Collett
Minutes of the meeting held July 20, 2010 were provided at the meeting.
Directors Mills and Beverage attended. The minutes were revised to
reflect that participation in the AlertOC program would be at no cost
through May 2012 (Item No. 2.4.). Director Mills also noted that review of
the MWDOC Client Agency Agreement (Item No. 2.2.) had been removed
from the agenda and would be discussed at the MWDOC/OCWD Ad Hoc
Committee meeting scheduled July 27, 2010. Other matters discussed
during the meeting were as follows: OCWD Memorandum of
Understanding for Annexation; Orange County Council of Governments
Joint Powers Agreement; Memorandum of Understanding with the County
of Orange for the Utilization of AlertOC; AWWA Qualserve Program;
General Counsel's Monthly Summary Billing Report June 2010; and
General Manager's Action Plan and Employment Report.
Meeting scheduled August 17, 2010 at 4:00 p.m.
9.2. Finance-Accounting Committee
(Summerfield/Collett) Alternate: Mills
Minutes of the meeting held July 12, 2010 were provided in the agenda
packet. Directors Summerfield and Collett attended. Matters discussed
during the meeting were as follows: May Budget to Actual Results;
Monthly Investment Report for May 2010; and Monthly Portfolio Reports
for May 2010.
3
Meeting scheduled August 9, 2010 at 4:00 p.m.
Mr. Vecchiarelli reported that since moving the District's investment
portfolio from Wells Capital to CalTRUST, the District's average rate of
return on its investments has doubled.
9.3. Personnel-Risk Management Committee
(Collett/Hawkins) Alternate: Summerfield
Meeting scheduled July 14, 2010 at 4:00 p.m. was canceled.
Meeting scheduled for August 10, 2010 at 4:00 p.m.
9.4. Planning-Engineering-Operations Committee
(Mills/Summerfield) Alternate: Beverage
Meeting scheduled August 5, 2010 at 4:00 p.m.
9.5. Public Information-Technology Committee
(Beverage/Hawkins) Alternate: Summerfield
Meeting scheduled August 3, 2010 at 4:00 p.m. was rescheduled to
August 4, 2010 at 4:00 p.m.
9.6. MWDOC/OCWD Ad Hoc Committee
(Mills/Beverage) Alternate: Collett
Meeting scheduled July 27, 2010 at 4:00 p.m.
9.7. Citizens Advisory Committee
Meeting scheduled July 26, 2010 at 8:30 a.m.
10. INTERGOVERNMENTAL MEETINGS
10.1. WACO - July 9, 2010 (Hawkins)
Director Hawkins attended and commented on the US Army Corp of
Engineers flood control efforts at Prado Dam which was discussed during
the meeting. Director Hawkins also reported that the Committee
Chairman had requested his permission to submit his name for
consideration as the next Committee Chair.
10.2. YL Planning Commission -July 14, 2010 (Collett)
Director Collett was not in attendance to report on this meeting.
10.3. YL City Council - July 20, 2010 (Summerfield)
Director Summerfield attended and noted that the agenda had mistakenly
listed District staff as providing the City Council with a presentation on
water quality. This presentation will actually be provided at the next
meeting scheduled August 3, 2010. Director Summerfield also
4
commented on coyote management efforts, the new City Manager's
employment agreement and the sewer rate adjustment which were
discussed during the meeting. The City Council voted to increase the
sewer rate to $5.50 per month for the next fiscal year and plans to discuss
the possibility of transferring the system to the District at a future meeting.
Mr. Vecchiarelli reported that he had been contacted by Mark Stowell,
Assistant General Manager and Public Works Director for the City of
Yorba Linda, who asked if the District would initiate drafting the sewer
transfer agreement and suggested the agencies could discuss sharing the
costs.
10.4. MWDOC Board - July 21, 2010 (Staff)
Staff did not attend.
10.5. OCWD Board - July 21, 2010 (Staff)
President Mills previously reported on the results of this meeting under
Item No. 8.1. Staff also attended this meeting.
11. BOARD OF DIRECTORS ACTIVITY CALENDAR
11.1. Meetings from July 23, 2010 -August 31, 2010
The Board reviewed the listed meetings and made no additional changes.
12. CONFERENCE AND SEMINARS
12.1. ACWA Continuing Legal Education for Water Professionals Conference -
September 30 - October 1, 2010
Directors Mills and Hawkins both expressed interest in attending this
conference.
On a motion by Director Summerfield, seconded by Director Beverage, the
Board voted 4-0 to authorize Directors and such staff members of the
District as approved by the General Manager to attend the conference.
13. ADJOURNMENT
13.1. The meeting was adjourned at 9:16 a.m. The next regular meeting of the
Board of Directors will be held August 12, 2010 at 8:30 a.m.
Ken Vecchiarelli
Board Secretary
5
ITEM NO. 6.2
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: Yes
Total Budget: N/A
To: Board of Directors Cost Estimate: $2,689,104.86
Funding Source: All Funds
From: Ken Vecchiarelli, General Account No: N/A
Manager
Job No: N/A
Presented By: Stephen Parker, Finance Dept: Finance
Director
Reviewed by Legal: N/A
Prepared By: Maria Trujillo, Accounting CEQA Compliance: N/A
Assistant I
Subject: Payments of Bills, Refunds, and Wire Transfers
SUMMARY:
Section 31302 of the California Water Code says the District shall pay demands made against it
when they have been approved by the Board of Directors. Pursuant to law, staff is hereby
submitting the list of disbursements for Board of Directors' approval.
STAFF RECOMMENDATION:
That the Board of Directors ratify and authorize disbursements in the amount of $2,689,104.86.
DISCUSSION:
The major items and wire transfers on this disbursement list are as follows: A wire of $74,062.59 to
ACWA-HBA for August 2010 health premium; a wire of $1,115.407.95 to OCWD for January
through June 2010 Replenishment Assessment; a wire of $751,021.93 to MWDOC for June 2010
water purchase; a check of $240,092.45 to Schuler to replace lost check from July 8th for Highland
progress payment; a check of $76,935.82 to Southern California Edison for July 2010 services on
all sites; a check of $45,555.23 to Tetra Tech for June 2010 services on Ohio St. pipeline
replacement; and, a check of $52,260.70 to Valverde Construction for July 2010 services on valve
replacement. The balance of $96,515.51 is routine invoices. The Accounts Payable check register
total is $2,451,852.18; Payroll No. 15 total is $237,252.68; and, the disbursements of this agenda
report are $2,689,104.86. A summary of the checks is attached.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approves bills, refunds and wire transfers semi-monthly.
ATTACHMENTS:
CkReg81210 BOD.pdf Check Register Backup Material
10-CS 812.doc Cap Sheet Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
Y®rba Linda Water District
Check Register
For Checks Dated: 7/23/2010 thru 8/12/2010
Check No. Date Vendor Name Amount Description J$25!k or greater)
54608 08/12/2010 Abbott Staffing Group, Inc. 4,74100
54709 08/12/2010 ACWA-Assn Of Ca Water Agencies 895.00
W72710 07/27/2010 ACWA-HBA 74,062.59 Health premium August 2010
54609 08/12/2010 Advanced Infrastructure 256.25
54610 08/12/2010 Alternative Hose Inc. 615.53
54611 08/12/2010 Anaheim Wheel & Tire 90.00
54612 0811212010 Answer One Communications 496.51
54613 08/12/2010 Anthem Blue Cross FAP 330.00
54614 08/12/2010 Aqua-Metric Sales Co. 4,854,87
54615 08/12/2010 Aramark Uniform Services, Inc 698.52
54616 08/12/2010 AT & T - Calnet2 447.62
54618 08/12/2010 B & M Lawn and Garden Inc 93.50
54617 08/12/2010 Bank Of America 494.22
54619 08/12/2010 Boot World Inc. 1,771.19
54620 08/12/2010 Brawn And Caldwell 200.00
54631 08/12/2010 C & L Refrigeration Corp. 28,068.80 Repair A/C in Admin bldg
54621 08/12/2010 Cal Society-Municipal Finance 99.00
54622 08/12/2010 Calif Water Environ Assn (CWEA) 315.00
54623 08/12/2010 Carollo Engineers 13,386.00
54595 08/12/2010 Cassandra Cade 23.26
54624 08/12/2010 CI)M, Inc. 9,013.50
54625 08/12/2010 CDW Government, Inc 2,265.44
54626 081121200 Ceridian Benefits Services 76.50
54598 08/12/2010 Chase Merit Fund II 96.92
54505 08/03/2010 City Of Anaheim -13739.86
54627 08/12/2010 City Of Anaheim 13,739.86
54628 08/12/2010 City Of Placentia 3,434.50
54629 08/1212010 CIVILTEC Engineering, Inc 19,644.42
54630 08/12/2010 Clinical Lab. Of San Bern. 2,005.00
54632 08/12/2010 Coast Surveying, Inc. 985.40
54633 0811212010 Coastline Equipment 56.22
54634 08/12/2010 Cogsdale Services Corporation 8,280.00
54635 08/12/2010 Consolidated Reprographics 572.32
54636 08/12/2010 Culligan 1,646.20
54637 08/12/2010 Cummins Cal Pacific, LLC 19.55
54641 08/12/2010 Dean Criske Trucking 1,510.49
54638 08/12/2010 Dell Marketing L.P. 1,088.38
54606 08/12/2010 Dennis Gimian 15.70
54639 08/12/2010 DME Incorporated 1,274.26
54640 0811212010 Daringer Cold Saws, Inc. 5,655.00
54642 08/12/2010 Eisel Enterprises, Inc. 27112
54592 08/12/2010 Em Bee Management Inc 23731
54643 08/12/2010 Fairway Ford Sales, Inc. 31,86
54644 0811212010 Fidelity Security Life Ins/EyeMed 1,421.60
54645 08/12/2010 Fry's Electronics 239.20
54646 08/12/2010 Fullerton Paint & Flooring 699.09
54647 08/12/20-0 Graybar Electric Co 315.84
54648 08/12/20`0 Hach Company 2,749.02
54649 0811212010 Hayden Design, Inc. 1,791.56
54650 08/12/20"0 Home Depot Credit Services 128.67
54651 0811212010 InfosendInc. 23,685.34
54710 08112120'-0 Infosend Inc. 8,366.93
54655 08/12/2010 1 & S Construction 1,875.00
54652 08/12/2010 Jackson's Auto Supply - Napa 184.51
54601 08/12/2020 Jerry Squire 12.68
54653 08/12/20„0 Joseph G. Pollard Co., Inc 32.02
54654 08/12/2010 Joyce Dale Consulting 1,335.50
54587 08/12/2010 Judi Sofka 7.63
54602 08/12/2010 Katherine Rizzo 8.00
54605 08/12/2010 Kelly Newland 13.94
54593 08/12/2010 Kevin Alleva 123.08
54656 08/12/2010 Kimball Midwes 536.63
54657 0811212010 Konica Minolta Business 1,531.96
54658 08/12/2010 Lehigh Safety Shoe Co 714.96
54659 0811212010 Leighton Consulting, Inc. 10,854.50
54599 08/12/2010 Long Swimming Pool Steel 55.60
54660 08/12/2010 Marina Landscape, Inc 841.47
54661 08/12/2010 Mc Cormick,Kidman & Behrens LLP 1,767.50
54711 08/12/2010 Mc Cormick,Kidman & Behrens LLP 13,423.44
54662 08/12/2010 Mc Fadden-Dale Hardware 498,19
54663 08/12/2010 Mc Master-Carr Supply Co. 133.63
54664 08/12/2010 Minuteman Press 228.37
54665 08/12/2010 MISCO 8,199.04
54590 08/12/2010 Monica Stephens 49.30
54666 08/12/2010 Morton Salt 2,392.05
54712 08/12/2010 Municipal Water District 32,226.00
W81210 08/12/2010 Municipal Water District 751,021.93 Water purch June 2010
54713 08/12/2010 Muzak LLC 65.25
54667 08/12/2010 MWH Americas, Inc. 23,008.56
54668 08/12/2010 NCO Receivables Management Solutions 55-86
54669 08/12/2010 Nextel Communications 2,139.52
54670 0811212010 Nickey Petroleum Co 4,400.92
54600 08/12/2010 Norma Catone 4.91
54671 08/12/2010 Office Solutions 570.09
54672 08/12/2010 Omega Engineering Inc. 237.86
54673 08/12/2010 Orange County Register 48.00
54674 08/12/2010 Orange County Sanitation District 652.33
W73010 07/30/2010 Orange County Water District 1,115,407.95 Replenishmt Assess Jan-Jun
54675 08/12/2010 Pacific Communications Tech 3,969.22
54676 08/12/2010 PC World 24.95
54677 08/12/2010 Peggy McClure 262.50
54699 08/12/2010 Benton Media 1,495.00
54678 08/12/2010 Praxair Distribution 15165
54679 08/12/2010 Priority Mailing Systems LLC 25122
54680 08/12/2010 Progressive Medical International 1,154.48
54596 08112/2010 Red Crown Realty 15.70
54681 08/12/2010 Red Wing Shoe Store - Orange 107.01
54682 08/12/2019 Red Wing Shoes - Sta Ana 3,750.34
54683 08/12/2010 Refrigeration Supplies 212.63
54591 0811112014 Richard Hart 86.32
54604 08/12/2010 Richard Rodriguez 34.26
54607 08/12/2010 Rick Higgins 36.21
54684 08/12/2010 RKI Engineering, LLC 5,800.00
54685 08/12/2010 Rootx 4,949.91
54686 08/12/2010 Sanders Raving, Inc. 24,281.00
54466 08/03/2010 Schuler Engineering Corp. -240092.45
54585 08/03/2010 Schuler Engineering Corp. 240092.45 Repl lost Ck# 54466 dtd 7/8
54467 08/03/2010 Security Solutions -189.44
54586 08/03/2010 Security Solutions 189.44
54687 08/12/2010 Shred-It USA Inc 72.15
54688 08/12/2010 Solarwinds Inc. 2,198.00
54689 08/12/2010 Southern Calif Edison Co. 76,935.82 Services July 2010
54690 08/12/2010 Southern Calif Gas Co. 6,680.24
54691 08/12/2010 Southern Counties 6,59737
54692 08/12/2010 Southwest Material 1,658.44
54693 48/12/2010 Southwest Services 786.50
54694 08/12/2010 Stacy Bavol/Petty Cash 352.99
54714 08/12/2010 Stacy Bawl/Petty Cash 122.15
54695 08/12/2010 Staples Advantage 1,17186
54696 08/12/2010 Stater Bros. Markets 33.67
54697 0811212010 Steven Engineering 928.97
54698 08/12/2010 Sunstate Equipment Co 84.81
54700 08/12/2010 Teletrac, Inc. 550.00
54588 08/12/2010 Teresa Maglalan 192.32
54701 08/12/2010 Tetra Tech, ISG 45,555.23 Ohio Pipeline Repl Jun 2410
54603 08/12/2010 Thelma Muro 28.42
54589 08/12/2010 THtOMASJOHNS 11.36
54702 08/12/2010 Time Warner Cable 297.64
54703 0811212010 Underground Service Alert 165.00
54704 08/12/2010 United Industries 379.37
54597 08/12/2010 Valentine M Gough 58.54
54705 08/12/2010 Valverde Construction, Inc. 52,260.70 Valve repl July 2010
54706 0811212010 Village Nurseries 191.84
54594 08/12/2010 Walt Anius 9.40
54707 08/12/2010 Wells Supply Co 3,493.99
54708 08/12/2410 Westside Building Material 220.02
Total $2,451,852.18
August 12, 2010
CHECK NUMBERS:
Void Checks 54466-54467 $ (240,281.89)
Void Check 54505 $ (13,739.86)
Manual Checks 54585- 54586 $ 240,281.89
Computer Checks 54587- 54714 $ 525,099.57
$ 511,359.71
WIRES:
W-72710 ACWA-HBA $ 74.062.59
W-73010 OCWD $1,115,407.95
W-81210 MWDOC $ 751,021.93
$1,940,492.47
TOTAL OF CHECKS AND WIRES $ 2,451,852.18
PAYROLL NO. 15:
Computer Checks 4575 - 4580
Manual Checks 4581 - 4589 $ 237,252.68
DISBURSEMENT TOTAL: $ 2,689,104.86
APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD
MEETING OF AUGUST 12, 2010
ITEM NO. 6.3
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: Yes
Total Budget: $200,000
To: Board of Directors Cost Estimate: $45,500
Funding Source: Water Capital
Reserves
From: Ken Vecchiarelli, General Account No: 1-2700-0903
Manager
Job No: 200903
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Anthony Manzano, Senior CEQA Compliance: N/A
Project Manager
Subject: Amendment to On-Call Services Contract with MWH Americas, Inc. (MWH)
SUMMARY:
MWH was initially retained for On-Call Services under the General Manager's signing authority, to
update the District's hydraulic model and evaluate pump connection locations to enhance
emergency response and fire protection in various areas throughout the District. Amendments No. 1
and 2 were later approved to for additional scope of services not initially covered by the original
contract. In the process of providing these services, District staff requested MWH to provide further
assistance on other District projects. The combined tasks have nearly consumed the amended
contract budget. Staff is requesting approval of Amendment No. 3 to complete the engineering
support services and hydraulic model conversion.
STAFF RECOMMENDATION:
That the Board of Directors authorize approval of On-Call Services Contract Amendment No. 3 with
MWH Americas, Inc., for a fee increase not to exceed $45,500, resulting in a total fee of $140,740.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this matter at its meeting on August 5,
2010 and supports staff recommendation.
DISCUSSION:
On May 7, 2009, the District entered into a Professional Services Agreement (PSA) with MWH to
provide on-call support services to evaluate and update the existing hydraulic model and evaluate
the planning of potential inter zonal emergency connections, for a fee not to exceed $15,000. On
August 5, 2009, based on the need for further work on these items, Amendment No. 1 to the PSA
was approved by the General Manager for $33,000, increasing the limit to $48,000. Subsequently,
on March 11, 2010, the Board approved On-Call Services contract Amendment No. 2 for $47,240
increasing the contract fee to $95,240.
Work completed to date by MWH is summarized below. When Addendum No. 1 tasks were
completed, it was determined that the design and upgrading of many of the District's pressure
regulating valves (PRVs) in underground vaults was going to be a larger work effort than
anticipated, and that it should be packaged and completed as a separate project in the following
year's budget. Staff also determined that the construction of three emergency pump connections
would likely exceed $100,000, and in accordance with District policy, would require the preparation
of competitive bid, full construction contract documents associated with larger capital improvement
projects. Accordingly, funding for and preparation of the plans, specifications and contract
documents for the emergency pump connections was completed under Addendum No. 2. Also,
after Addendum No. 2 was approved, work tasks were identified that required the assistance of
MWH that were not budgeted. These tasks were hydraulic modeling and analysis for:
. Cresthill/Willow Woods Drive Improvements as necessary for the Intertie Improvements
Project with the City of Anaheim (Capital Project 2009-06)
. Sizing for the Ohio Street Pipeline Replacement Project (Capital Project 2010-06)
. Supply pipeline sizing for the planned Palm Avenue Pump Station Improvement Project
(Capital Project 2008-17)
. Zones 3, 4 and 5 in the vicinity of Fairmont Booster Pump Station, for a preliminary study of
pump station upgrades at that site (Capital Project 2010-11)
The hydraulic modeling and engineering analyses were necessary for each of the District's capital
projects listed. Accordingly, the costs related to each will be charged to the appropriate capital
project number.
Tasks Completed Under the Original PSA ($15,000 Expended)
. Hydraulic analysis, site investigations, exhibits and cost estimates to locate five proposed
emergency pump connection locations.
. Reviewed specifications for portable pumps.
. Prepared plans for three emergency pump connections for proposal by contractor completing
the Zone 4 Reconfiguration Project.
. Prepared work plans and facilitated meetings for the District to begin the conversion of the
hydraulic model to InfoWater.
Tasks Completed Under Addendum 1 ($33,000 Expended)
. Evaluated alternatives to modify the Village Center PRV vault to allow safer access, replace
valves and recoat piping.
. Prepared bid documents to modify the Village Center PRV and vault; including structural and
mechanical drawings.
. Reviewed the District's GIS and shape files for conversion to InfoWater.
. Prepared a report and attended meetings assisting staff with conversion of GIS data.
Tasks Completed Under Addendum 2 ($47,240 Nearly Expended)
. Performed hydraulic analysis for Cresthill/Willow Woods Drive to determine available fire flow,
identify potential pressure zone changes and pipeline sizing to meet higher standards.
. Prepared bid documents (plans and specifications) for three emergency pump connections.
. Performed hydraulic analysis of Zone 3 to size potential pipeline improvements after the Ohio
Street pipeline break. This included several alternatives to look at supplying Zone 2 water into
Zone 3.
. Performed hydraulic analysis to determine the maximum size of the proposed Palm Avenue
Pump Station Improvements.
. Performed hydraulic analysis of Zones 3, 4, 5 and 6 around the Fairmont Booster Pump
Station, to determine required booster pump station upgrades.
At this time, tasks remain for work in progress on the District's improvement of the water system
hydraulic model and for engineering services during upcoming construction of the Emergency Pump
Connections, for which MWH has completed design plans, specs and contract documents. District
staff requested a proposal from MWH for these services and also requested that they include a task
and budget for Planning Support to the District. A summary of the requested work is provided below
and further described in the attached letter proposal of June 11, 2010 from MWH.
. Improved Hydraulic Model: The water system model will be converted from its existing format
to the District's GIS system, allowing the District to simulate emergency response alternatives
before and during events. Additional MWH services are required to assist staff with this
conversion. District staff will assist with the GIS modifications and the hydraulic analysis to
minimize costs (MWH cost not to exceed $17,500).
. Emergency Pump Connections: Pump connection points will allow the District to utilize its
portable pumps to deliver water faster and more efficiently from lower to upper pressure
zones, for which MWH has completed design plans. MWH will provide construction
management support for these facilities (MWH cost not to exceed $14,000).
. Planning Support: At the request of District staff, MWH will assist with planning support
including, but not limited to, evaluation of pipeline replacement and pump station rehabilitation
(MWH cost not to exceed $14,000). This task item will only be expended if required to modify
the capital improvement projects listing, support a new project that has not been previously
identified and approved, or to modify the capital project priorities.
Staff reviewed this proposal for $45,500 and recommends approval as the final amendment.
PRIOR RELEVANT BOARD ACTION(S):
On March 11, 2010, the Board approved On-Call Services contract Amendment No. 2 with MWH
Americas, Inc. for a fee increase not to exceed $47,240, resulting in a total fee of $95,240.
ATTACHMENTS:
Name: Description: Type:
MWH On-Call Services Proposal Amendment 06-11
MWH On-Call Services Contract Amendment Backup Material
2010. pdf
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
MWH
BVILDIN6 At BETTER WORLD
June 11, 2010
Mr. Steve Conklin
Yorba Linda Water District
1717 East Miraloma Avenue
Placentia, CA 92870-6785
Subject: On-Call Services Contract Amendment
YLWD Job No. 200903
Dear Mr. Conklin:
MWH is performing "as-needed" professional engineering assistance for the Yorba Linda
Water District (District). Our existing agreement and addendums are almost fully utilized.
MWH is proposing to continue "as-needed" support to the District.
The District has projects and tasks that are identified over the next several months.
MWH will assist District staff on a task-by-task basis. These projects include hydraulic
model support, engineering support during construction and general planning support.
These tasks will be added to our existing on-call contract with the District. The tasks will
be performed on a time and materials basis. Work will not be initiated until authorized by
the District. Listed below is a description of the tasks to be performed as part of the on-
call contract.
Task 1 Hydraulic Model Support
MWH will perform hydraulic modeling assistance for the conversion of the
existing model into the GIS system. District staff is currently performing cleanup
of the GIS in preparation of importing into the hydraulic model. MWH will review
the GIS shape files and provide direction for the District to prepare for the
importation. MWH staff will convert the old model data base files and import them
into the new model software. MWH staff will assist the District in re-allocating the
demands and performing model updates after the conversion process is
complete. (Budget 100 hours/$17,500)
Task 2 Engineering Support During Construction
The District will be constructing three new emergency pump outs to deliver water
to the upper pressure zones in the event of an emergency. The bid documents
are near completion and a solicitation for bids will be issued. MWH will provide
bid support and engineering support during construction. MWH will review
submittals and attend meetings as needed. Record drawings will be prepared for
the as-built condition. (Budget 80 hours/$14,000)
_ r 1n i ch INnda Ave -E1 626 796 9141
Site 20G Fk, 626, 668 610`
Arcadi3r CA 9100' VNN",mwNior,3f.crn
Mr. Steve Conklin -2- June 11, 2010
Task 3 General Planning Support
The District evaluates potential changes to the water supply and distribution
system to meet customer needs and address operational changes. MWH will
assist District staff in performing the planning studies by providing hydraulic
analysis, cost analysis, attending meetings, preparing exhibits and preparing
reports. (Budget 80 hours/$14,000)
The proposed task and budgets are based on our knowledge of the District's current
needs. We estimate a budget of $45,500 for tasks 1-3. Budget may be shifted between
tasks, if needed. MWH will not start on these tasks until we receive your written
authorization. We are pleased to continue to provide service to the District. Please call
Michael Moore if you have any questions at (949) 328-2405.
Sincerely,
ohn Robinson
ice President
ITEM NO. 6.4
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: Yes
Total Budget: $11.2M
To: Board of Directors Cost Estimate: $11.2M
Funding Source: Water Revenue Bond
From: Ken Vecchiarelli, General Account No: 102-2700
Manager
Job No: 200309
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: No
Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND
Subject: Approval of Change Order No. 4 for Highland Reservoir Replacement Project
SUMMARY:
Construction of the Highland Reservoir Replacement Project is nearly complete. Submitted for
consideration is construction Change Order No. 4.
STAFF RECOMMENDATION:
That the Board of Directors approve Change Order No. 4, a net credit to the District in the amount
of $38,815.00 and the addition of 47 calendar days to Schuler Engineering Corporation for
construction of the Highland Reservoir Replacement Project, Job No. 200309.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee considered this item at its August 5, 2010
meeting and supports staff's recommendation.
DISCUSSION:
In accordance with the contract documents, Schuler Engineering submitted Change Order No. 4
due to additions and modifications, as well as District-initiated changes encountered during the
course of construction to date. A copy of Change Order No. 4 is attached for review and
information. Details of significant items in the change order are listed below.
Change Order Proposal (COP) 19: The utility water wash down lines were relocated from below the
reservoir slab to on top of the reservoir roof to prevent any issues with leaking of the utility water
lines under the structure. Also, the material for the vent pipe on the inlet line of the reservoir was
changed from PVC to stainless steel to decrease the need for replacement in the future. The
amount of this change order item is $18,566.00 and 9 additional days.
Change Order Request (COR) 20: The contractor proposed a credit for the deletion of the two
retaining walls around the temporary tanks as a cost savings to the District. A credit was also
proposed for the deletion of the retaining wall at the southeast corner of the property, due to the
existing two V-ditches. With an extension of the new V-ditch and modifications to existing grading,
storm run off is directed to the onsite drainage system of V-ditches. The amount of this credit is
$210,000.00.
COP 22: Due to the relocation of the overflow piping and utility water piping, encasement for these
lines was not required. The amount of this credit is $36,000.00.
COR 52: The District requested that additional work associated with COR 20 be broken out for
clarity. Changes included the additional grading to delete the walls, extending manhole heights,
additional survey work and additional labor and equipment to complete the work. The amount of this
change order item is $76,873.00 and no additional days. COP 54: The District requested that the
fence originally shown on the contract drawings along the east side of the reservoir be relocated
along the east property line. This causes additional labor for the contractor, since the property line
will need to be re-surveyed and then shrubs and brush will need to be cleared along the new
alignment. The contractor will also hand dig all of the post holes since there is no access for
equipment. This was requested to provide a larger secure area for District use and will assist when
constructing the new Highland Booster Pump Station. The amount of this change order item is
$40,013.00 and 12 additional days.
COP 59: The District IT Department requested the addition of a high-level float to each basin to
provide back-up monitoring for SCADA. This work included extra conduits, wire, two high level
floats and labor to install. The amount of this change order item is $11,233.00 and 3 additional
days.
COP 61: The District Operations Department requested the addition of an access road on the south
side of the reservoir with gravel base. This road will facilitate vehicle access to the various valve
vaults and manholes on the south side of the reservoir. The amount of this change order item is
$51,700.00 and 11 additional days.
The status of the construction contract with Schuler Engineering is as follows:
The original contract is $9,049,346 and 730 calendar days starting June 2, 2008.
. Authorized change order to date amount is $431,847.87 (4.8% of the original contract amount)
and 74 calendar days (10.1 % of original contract calendar days).
. If approved, Change Order No. 4 deducts ($38,815.00) (-0.4% of the current contract amount)
and adds 47 calendar days (5.8% of current contract calendar days).
. If approved, the percentage of change orders to the original contract amount is 4.3%.
. If approved, the percentage of original contract calendar days to additional days is 16.6%.
. If approved, the revised construction contract amount is $9,442,378.87 and 851 calendar
days.
Staff and Carollo Engineers, the District's construction management consultant, reviewed the
change order request and recommend approval.
PRIOR RELEVANT BOARD ACTION(S):
On April 10, 2008, the Board awarded a construction contract to Schuler Engineering in the amount
of $9,049,346 for construction of the project. On May 15, 2008, the Board approved execution of a
Professional Service Agreement (PSA) with Carollo Engineers in the amount of $605,856 for
engineering support services, construction management and backup inspection services; a PSA
with Leighton Consulting in the amount of $86,200 for geotechnical services, soils, concrete and
materials testing; a PSA with BonTerra Consulting in the amount of $22,251 for environmental
compliance services; and approved the construction budget in the amount of $11,200,000 for
construction of the Highland Reservoir Replacement Project. The Board has approved three
Change Orders and twenty six Progress Pay Requests to date, the most recent of which was
approved on September 10, 2009, and July 8, 2010, respectively.
ATTACHMENTS:
Highland _Reservoir _CO 4 Schuler _Engineering. df Highland Reservoir Project Change Order No. 4 Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
YGRBA LINDA WATER DISTRICT CHANGE ORDER NO. 4
DATE 7120/10
Page _ I._ of _-2
CONTRACT NAME: Highland Reservoir CONTRACT AMT.: $ 9,049,34£.00 DAYS: 730
Replacement
CONTRACT NO.: J-200309 PREY. APPRVD. $431,847.87 DAYS: 74
CHANGES:
CONTRACTOR: Schuler Engineering THIS CHANGE: ($38,815.00) DAYS: 47
OWNER: Yorba Linda Water District REVISED CONTRACT $9,442,378.87 DAYS: 851
AMT:
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials,
and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor
and Yorba Linda Water District otherwise referred to as Owner.
+INCREASE CONTRACT
/OR TIME
DESCRIPTION OF CHANGES +EXTENSION
- DECREASE IN /OR -
CONTRACT REDUCTION
AMOUNT (DAYS)
COP 19: Reservoir wash down relocation, sample ports, vent $18„566.40 9 days
COR 20: Deletion of retaining walls 1,2,4 for credit, - v - - ($210,000.00) 0 days
COP 22: Rebar encasement for overflow and UW piping ($36,000.00) 0 days
COR 52: Revised yreding due to deleted retaining walls _ $76,873.00 0 days
COP 53: Air Ga E tension $1,671-00 2 days
COP 54: Fence relocated to along property line - - - - $40,013,00 - 12 days
COP 55: Inspection on 11-11-09 and 1-16-10 ($1,068.00} 0 days
COP 56: Column Identification Credit - ($4,54_0-00) 0 days
COR 57: Added T-wall rebar $3,605-00 4 days
COP 59: Add 2 high & relocate the high high floats $11,233-00 3 days
COP 60: T&M Issues $9,132.00 6 days
COP 61: New South road grading and base $51,700.00 11 days
NET CHANGE ($38,815,00) 47 days
REVISED CONTRACT AMOUNT AND TIME $9,442,378.87 851 days
The amount of the contract will be increased by the sum of ($38,815.00) and the contract time shall be increased by~fvrty, seven (47)
calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for
each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and
perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change
Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change
Order shall be effective when approved by the Owner. This change order constitutes full, final, and complete compensation to the contractor
for all costs, expenses, overhead, profit, and any damages of every kind that the contractor may incur in connection with the above referenced
changes in the work, including any impact on the referenced work of any other work under the contract, any changes in the sequences of any
work, any delay to any work, any disruption of any work, any rescheduling of any work, and any other effect on any of the work under this
contract. By the execution of the change order, the contractor accepts the contract price change and the contract completion date change, if
any, and expressly waives any claims for any additional compensation, damages or time extensions, in connection with the above-referenced
changes.
i
YORBA LINDA WATER DISTRICT CHANGE ORDER NO. 4
DATE 7120/10
/ Page 2 of 2
RECOMMENDED: N Carollo DATE:
Engineers
Brian Wi on
ACCEPTED: Schuler DATE:
C Engineering
Chas Wick
APPROVED: ~ i Yorba Linda DATE: ~ J
Water District
Steve Conklin
ITEM NO. 6.5
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: Yes
Total Budget: $5.5M
To: Board of Directors Cost Estimate: $4.5M
Funding Source: Water Revenue Bond
From: Ken Vecchiarelli, General Account No: 101-2700
Manager
Job No: J-200814
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Hank Samaripa, Project CEQA Compliance: MND
Engineer
Subject: Award of Construction Contract for Highland Booster Station Replacement
Project
SUMMARY:
On July 15, 2010, bids were received from nine contractors for the construction of the Highland
Booster Station Replacement Project. The low bid was $4,525,800 by Pacific Hydrotech Corp. The
Engineer's Estimate was $5,440,000.
STAFF RECOMMENDATION:
That the Board of Directors authorize the President and Secretary to execute a construction
agreement between Pacific Hydrotech Corporation and the Yorba Linda Water District for the
Highland Booster Station Replacement Project in the amount of $4,525,800, subject to the approval
as to form by General Counsel.
COMMITTEE RECOMMENDATION:
The Planning Engineering Operations Committee reviewed this matter at its August 5, 2010
meeting and supports staff's recommendation.
DISCUSSION:
The 18,000-gpm-capacity Highland Booster Station Replacement Project includes construction of a
new pump building, three electric motor driven pumps, two gas engine driven pumps, larger suction
and discharge headers, upsizing a section of the Zone 2 transmission pipeline and a 5,000 gallon
surge relief tank. Construction will commence in October 2010 following completion of the new 6
MG Highland Reservoir. The new pump station was designed to allow continued pumping
operations through the existing station during construction activities, and therefore will have minimal
impacts on the District's production operations. Completion of the new Highland Booster Station
Replacement Project is expected in late 2011.
Bids were received from nine contractors, ranging from a low of $4,525,800 to a high of $5,631,596,
as shown below. The bid tabulation and other bid documents from the low bidder, Pacific Hydrotech
Corp., were reviewed by District staff and found to be responsive.
Name of Contractor Bid Amount
Pacific Hydrotech Corp. $4,525,800
Schuler Engineering Corp. $4,875,283
SCW Contracting Corp. $4,875,432
Norman A.Olsson Construction, Inc. $4,960,000
Brutoco Engineering & Construction, Inc. $5,187,000
J.F. Shea Construction, Inc. $5,218,000
Gantry Constructors, Inc. $5,231,000
R.C. Foster Corp. $5,270,000
Environmental Construction, Inc. $5,631,596
PRIOR RELEVANT BOARD ACTION(S):
On July 9, 2009, the Board of Directors approved the award of the Professional Services
Agreement (PSA) for design of the Highland Booster Pump Station Replacement Project to MWH
Americas, for a fee not to exceed $469,593. On January 28, 2010, the Board approved Amendment
No. 1 to the PSA with MWH Americas, in the amount of $91,940, for additional engineering
services. On February 11, 2010 the Board of Directors approved Amendment No. 2 for a fee of
$18,929.
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
ITEM NO. 6.6
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: Yes
Total Budget: $2M
To: Board of Directors Cost Estimate: N/A
Funding Source: Water Capital
Reserves
From: Ken Vecchiarelli, General Account No: 101-2700
Manager
Job No: 200711
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Anthony Manzano, Senior CEQA Compliance: Exempt
Project Manager
Subject: Brand-Name Requirements for Well No. 20 Wellhead Equipment
SUMMARY:
Staff has determined that several key design and manufactured components from specific suppliers
are desired to match systems currently in use by the District in order to maximize operational and
maintenance efficiencies and overall system reliability. Attached is a copy of a staff memorandum
titled "Recommended Brand-Name Requirements for Well No. 20 Project" that lists recommended
brand names for this project and justification for each.
STAFF RECOMMENDATION:
That the Board of Directors approve brand-name requirements for Well No. 20 Wellhead Equipment
for the items listed on the attached memorandum.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at its meeting on August 5,
2010 and supports staff recommendation.
DISCUSSION:
During the design and review process, District staff determined that several key design components
and manufactured parts are desired from specific suppliers in order to match products currently in
use within the District's water system. This request is similar to the Highland Booster Station brand-
name request approved by the Board on April 8, 2010 where Counsel determined, per Public
Contract Code Section 3400, that, with Board approval, brand-name products can be specified
provided that they are used to match products in use. A staff memorandum is attached listing
recommended brand names and justification for each.
PRIOR RELEVANT BOARD ACTION(S):
1. In August 2008, the Board of Directors approved a Professional Services Agreement with
Camp Dresser & McGee in the amount of $179,469 to provide hydrogeologic services to
evaluate two potential well sites and provide a well drilling design, specifications and
inspection services.
2. In January 2010, the Board of Directors authorized execution of a Drilling Contract for Well
No. 20 to Bakersfield Well & Pump Company, in the amount of $367,291.
3. On March 11, 2010, the Board of Directors authorized execution of a Professional Services
Agreement with Civiltec Engineering, Inc. for a fee not to exceed $79,820, for design, bid
support and construction management services for Wellhead Equipping of Well No. 20.
ATTACHMENTS:
Name: Description: Type:
MEMO - Well 20 Name-
Brand Recommendations.docx Well 20 Brand Name Requirement Memorandum Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
Yorba Linda
Water District
MEMORANDUM
DATE: July 23, 2010
TO: Steve Conklin, Engineering Manager
FROM: John DeCriscio, Chief Plant Operator
COPY: Anthony Manzano, Sr. Project Engineer
Lee Cory, Operations Manager
Rick Walkemeyer, SCADA Administrator
SUBJECT: Recommended Brand-Name Requirements for Well No. 20 Project
During the Well #20 preliminary design review with Civiltec Engineering on July 21,
2010, District staff noted some items in the design for which specific brands are very
important for operational continuity and efficiency. Below is a list of brand-name
equipment requested and the justifications:
1. Onsite Sodium Hypochlorite System. Because of the complexities and
proprietary parts associated with this type of equipment, YLWD staff would like
to limit these systems to the two manufacturers we are currently using. In an
effort to make repairs in a timely manner, the District stocks key repair parts for
these two manufacturers in our warehouse. As such, PSI Microclor and
Severn Trent are the two recommended manufacturers.
2. Chlorine System Analyzers. Like the sodium hypochlorite system, the
analyzers also require regular maintenance and repairs with proprietary parts.
This equipment is critical for accurate chlorine dosages. The District has strict
requirement from the California Department of Public Health pertaining to the
chlorine dose rate. We have found two manufacturers and models to perform
better than others in our system. Staff is recommending we specify ProMinent
Model DC1/DMT control package for our import water supplies and the Capitol
Controls Series 1870E with the "C02" adapter for pH buffering for our
groundwater supplies. The recommended Capitol Controls unit buffers pH for a
stable reading without the use of reagents. Because we use the reading to
drive the dose rate, a stable reading is essential to the operation of the system.
Further, a unit that does not require the addition of reagents is critical because
the Well #20 location doesn't have a sanitary sewer system nearby to
discharge used reagents.
1
3. Chemical Feed Pumps. The chemical feed pumps are another key
component in the chlorine feed systems. The lead time for rebuild kits and
repair parts for these types of pumps is typically many months. To minimize
downtime the District has stocked several of these expensive parts and rebuild
kits in our warehouse. We have also trained staff on the repair of the pumps
we currently have in our system. The pumps have been proven to be reliable
when properly maintained. Therefore, we are recommending the use of the
pumps from one of the two manufacturers we currently have installed in our
system: Alldos and Encore 700 series chemical feed pumps.
4. PLC. Programming language for a programmable logic controller (PLC) is a
very specialized field. All of the District's PLCs must communicate and work
together in order to operate in our water system. The District's SCADA
Administrator has specialized training and software to work with the Modicon
PLC systems. The District also stocks repair parts for this unit. Therefore,
because of the District's successful experience with the Modicon M340 PLC, it
is recommended that this be the only model PLC the District will specify.
5. Flow Meters. The District is specifying a magnetic flow meter for flow
measurement, the current standard of the industry for accuracy and ease of
maintenance. The District has six locations with mag meters in place, and five
of those are meters manufactured by ABB, all of which are working very well.
Flow meters must be calibrated on a regular basis. The District's SCADA
technician has specialized training in calibration of the ABB meters, and we
also stock limited repair parts and calibration equipment for these units.
Accordingly, staff is recommending that ABB magnetic flow meters be
specified for new projects.
6. Pump Control Valves. For pump control valves, District staff is specifying
units manufactured by Cla-Val, which have proved to be of high quality and
value. The District has a crew trained in the maintenance and repair of the Cla-
Val brand product. Because these valves are manufactured locally, District
staff can generally call-in for parts and pick them up the same day. This has
expedited repairs, which allows staff to get systems back on line quickly. In an
effort to minimize repair-parts inventory in our warehouse, we utilize the local-
availability of CIa-Vat's warehouse to meet that need. With these multiple
benefits, staff recommends specifying only CIa-Val for pump control valves.
7. Operator Interface (OI). Programming the computer-based interface between
the District's operator and equipment is very specialized. The District's various
Operator Interfaces must communicate and work together in order to operate in
our water system through our existing SCADA infrastructure and software. The
District's SCADA Administrator has specialized training and software to work
with the Wonderware Operator Interfaces. Utilizing this, the District is able to
replicate the SCADA system at the control center and at the field site with
minimal effort and cost. Therefore, because of the District's experience and
success with the Wonderware Operator Interface Panel, it is recommended
that this be the only model OI specified by the District.
2
ITEM NO. 6.7
AGENDA REPORT
Meeting Date: August 12, 2010
To: Board of Directors
Funding Source: Developer Funded
From: Ken Vecchiarelli, General
Manager
Job No: 200707
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Prepared By: Ariel Bacani, Engineering CEQA Compliance: N/A
Technician II
Subject: Terms and Conditions for Water Service with Yorba Linda Country Club
SUMMARY:
Yorba Linda Country Club requested water service as a back-up to their two onsite wells that
provide irrigation to the golf course. The proposed connection is located at the north end of
Parkhurst Place, within Pressure Zone 2 of the District's Western Service Area. An exhibit depicting
the project location is attached for your reference.
STAFF RECOMMENDATION:
That the Board of Directors approve the Terms and Conditions for Water Service with Yorba Linda
Country Club, Job No. 200707.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at its meeting on August 5,
2010 and supports staff's recommendation.
DISCUSSION:
The District's existing pipeline in Parkhurst Place currently provides water service through the use of
a temporary meter. Yorba Linda Country Club is requesting a permanent connection to the
distribution system to supplement their two onsite irrigation wells. The applicant will construct a two-
inch service and meter with a backflow device, as depicted in the attached exhibit.
The Yorba Linda Country Club will agree to pay for water used at the District's construction rate.
The applicant's proposed water service may be terminated at the District's discretion during
declared drought conditions.
The Terms and Conditions for Water Service with Yorba Linda Country Club are attached for your
consideration. The applicant will pay all water service fees and execute an approved water service
agreement in accordance with the District's Rules and Regulations.
ATTACHMENTS:
Name: Description: Type:
200707 T C.doc Terms and Conditions for Water Service with Yorba Agreement
Linda Country Club
EXHIBIT YLGC Service.pdf Exhibit YL Golf Course Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
Date: August 12, 2010
YORBA LINDA WATER DISTRICT
TERMS AND CONDITIONS
FOR WATER SERVICE
NAME OF APPLICANT: YORBA LINDA COUNTRY CLUB
LOCATION OF PROJECT: NORTH END OF PARKHURST PLACE, YORBA LINDA
TRACT NUMBER: N/A JOB NUMBER: 200707 LOT(S): N/A
The applicant will be required to complete to the satisfaction of the District the following
items that have an "X" following the number.
1) X The applicant shall provide the District with a copy of the Grant Deed or
Title Report of the property to be served.
2) X The applicant shall include information deemed necessary by the District in
the event the applicant is required to file a Department of Real Estate Tax
Disclosure statement.
3) The applicant shall provide to all purchasers of the homes a statement that
the home is located within Improvement District No. 1 and that the home is
subject to a property tax over and above the normal 1 % Basic Tax Levy to
pay for Production, Storage, and Transmission water facilities serving
Improvement District No. I.
4) The applicant shall provide to all purchasers of the homes a statement that
the home is located within Improvement District No. 2 and that the home is
subject to a property tax over and above the normal 1 % Basic Tax Levy to
pay for Production, Storage, and Transmission water facilities serving
Improvement District No. 2.
5) X The applicant shall submit two (2) sets of the improvement plans to the
District for plan check processing.
a) Improvement Plans
b) marling DlaR
c) TraGt Dornol nr VP-Sting Map
d) Landscaping Plans
6) X Improvement Plans submitted for plan check shall comply with the submittal
requirements established by the YLWD Engineering Department.
Page 2 of 5
NAME OF APPLICANT: YORBA LINDA COUNTRY CLUB
LOCATION OF PROJECT: NORTH END OF PARKHURST PLACE, YORBA LINDA
7) The applicant shall dedicate or obtain all easements deemed necessary by
the District in accordance with the Rules and Regulations of the District. All
easement documents shall be prepared under the supervision of and
stamped by a Professional Land Surveyor or a Registered Civil Engineer
(licensed prior to January 1, 1982) licensed to practice in the State of
California.
8) The applicant shall provide the District with a copy of the Recorded
Tr~n vel Map(s)er Easement Documents illustrating all District
easements required by Term and Condition No. 7, prior to Feq6leGtmRg
^61paRG., Fel ease construction.
9) The applicant shall prepare and process all easements to be quitclaimed by
the District in accordance with the Rules and Regulations of the District.
10) X The applicant shall furnish the District with a 24-hour emergency telephone
number prior to the District's approval of the construction plans.
11) X The applicant shall notify the District 48 hours prior to initiating any work
related to required or proposed improvements.
12) X The applicant shall complete a Temporary Construction Meter Permit
application for all water to be used in construction work and all water used
under such permit shall be taken from the approved construction meter.
13) X The applicant shall provide per the District specifications one complete set
of "As Built" mylars and electronic copy of ACAD drawings (version 2008 or
later) for the Water aRd SeWe facilities.
14) X The applicant shall complete an Application to and Agreement for Water
Service.
15) X The applicant shall pay all of the water fees as required by the Rules and
Regulations of the District.
16) X The applicant shall pay meter fees associated with the installation of radio
read meters for this project.
17) X The applicant shall comply with the Rules and Regulations of the Yorba
Linda Water District with regard to the Rendition of Water Service.
18) The applicant shall provide the District with a set of plans stamped and
approved by the Orange County Fire Authority, or fire agency having
jurisdiction, that identifies approved fire hydrant locations. Such approved
plan must be submitted to the District before staff will initiate a District plan
check for water improvements.
Page 3 of 5
NAME OF APPLICANT: YORBA LINDA COUNTRY CLUB
LOCATION OF PROJECT: NORTH END OF PARKHURST PLACE, YORBA LINDA
19) X The applicant shall have all water facilities designed in accordance with the
District's Water Facilities Plan and the District's Standard Specifications. All
design plans shall be prepared under the supervision of and stamped by a
Registered Civil Engineer licensed to practice in the State of California.
20) X The applicant's water facilities (on-site) shall be Privately owned and
maintained.
21) X The applicant shall be required to conduct flow tests at their cost in the
event the Orange County Fire Authority requires a flow test. A District
representative shall be present to witness the flow test.
22) X The applicant shall comply with all additional District requirements, relative
to the fire protection system, fire hydrant construction and fire hydrant
locations.
23) The applicant shall install one 1 water Sampling Station(s) in conformance
with the District's Standard Plans.
24) X The applicant shall provide a completed Surety Bond for the water facilities
prior to the District signing the Water Improvement Plans. The applicant
shall also provide to the District an estimate of the construction costs of the
proposed water facilities.
25) The applicant shall install the curb and gutters a minimum of one week prior
to the installation of the water main and services.
26) X All existing water services that are not useable in the new plan shall be cut
and plugged at the main line.
27) X The applicant shall coordinate through the District all connections of new
water facilities to the existing District facilities.
28) The applicant shall provide a written copy of the Bacteriological Report prior
to occupancy releases certifying that the water meets the Health
Department's requirements.
29) The applicant shall adjust and raise to grade all valve covers within the
limits of this project.
30) The applicant shall install a pressure regulator in all dwellings that have
over 80 p.s.i. static water pressure in accordance with the appropriate
building codes.
31) X The applicant shall complete a Temporary Water Permit (Jumper
Installation) for all water that will be used through the new water service to
serve the A&A4 4 .4elli e golf course.
Page 4 of 5
NAME OF APPLICANT: YORBA LINDA COUNTRY CLUB
LOCATION OF PROJECT: NORTH END OF PARKHURST PLACE, YORBA LINDA
32) The applicant shall install a District approved backflow device in connection
with any private fire suppression sprinkler facilities that may be required by
the Orange County Fire Authority or fire agency having jurisdiction.
33) X The applicant shall install a reduced pressure principle backflow prevention
device on all commercial buildings and landscape services.
34) X The applicant shall install and provide a written test report to the District for
each backflow device certifying that the backflow devices are operating
properly prior to the water meters being turned on for service.
35) The applicant shall install and provide a written test report to the District
certifying that the double check detector assembly is operating properly
prior to the double check detector assembly being turned on for service.
36) X The applicant shall provide an annual written test report to the District
certifying that the backflow devices and fire detector assemblies are
operating properly pursuant to the District's Backflow Prevention Program
and the State of California Administrative Code, Title 17, Public Health
Rules and Regulations Relating to Cross-Connections.
37) The applicant shall complete a Sewer Connection Application and Permit
for Sewer Service.
38) The applicant shall complete an Application to and Agreement for Sewer
Service.
39) The applicant shall comply with the Rules and Regulations of the Yorba
Linda Water District with regard to the Rendition of Sanitary Sewer Service.
40) The applicant shall pay all of the sewer fees as required by the Rules and
Regulations of the District.
41) The applicant shall have all sewer facilities designed in accordance with the
District's Sewer Master Plan and Standard Specifications. All design plans
shall be prepared under the supervision of and stamped by a Registered
Civil Engineer licensed to practice in the State of California.
42) The applicant shall provide a completed Surety Bond for the sewer facilities
prior to the District signing the Sewer Improvement Plans. The applicant
shall also provide to the District an estimate of the construction costs of the
proposed sewer facilities.
43) The applicant's sewer facilities (on-site) shall be Privately owned and
maintained.
44) The applicant shall construct a sewer main and appurtenances in
conformance with the approved plans and the District's Plans and
Specifications.
Page 5 of 5
NAME OF APPLICANT: YORBA LINDA COUNTRY CLUB
LOCATION OF PROJECT: NORTH END OF PARKHURST PLACE, YORBA LINDA
45) The applicant shall adjust and raise to grade all sewer manhole covers
within the limits of this project.
46) The applicant shall install a sewer backflow prevention valve on all sewer
service connections in which the pad elevations of the property being
served is lower than the rim elevation of the upstream manhole. Installation
of the backflow device shall comply with all requirements of the Building
and Plumbing Codes of the appropriate agency having jurisdiction.
47) The applicant shall submit a video inspection report of their sewer project in
DVD format. The video of the sewer facilities shall be conducted in the
presence of the District inspector, which will include stationing locations of
manholes, cleanouts, wyes, laterals, backflow devices and appurtenances.
(END OF STANDARD TERMS AND CONDITIONS)
PROJECT SPECIFIC TERMS AND CONDITIONS
48) X The applicant shall install one new water service, per approved plans and
District Specifications.
49) X The applicant shall agree to pay for all water supplied at construction rate.
50) X The applicant's proposed water service may be terminated at the District's
discretion during declared drought conditions.
I hereby certify that the foregoing Terms and Conditions were approved at the August 12,
2010 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The
approved Terms and Conditions shall become void six (6) months from the approval date
if a formal Application To and Agreement with the Yorba Linda Water District for Sewer
Service is not executed for the project under consideration.
Kenneth R. Vecchiarelli, P.E., General Manager
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' COUNTRY CLUB
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_ VICINITY MAP
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LOCATION MAP
PREPARED BY: SCALE:
EXHIBIT NO SCALE
EL YORBA LINDA WATER DISTRICT DATE:
PROPOSED BACK-UP WATER SERVICE 7-22-10
1717 E. MIRALOMA AVENUE FOR
PLACENTIA, CALIFORNIA 92870 YORBA LINDA COUNTRY CLUB FILENAME:
(714) 701-3100 JOB-200707
ITEM NO. 6.8
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: Yes
Total Budget: $190,000
To: Board of Directors Cost Estimate: $35,395
Funding Source: All Water Funds
From: Ken Vecchiarelli, General Account No: 101-2700
Manager
Job No: 200813
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Anthony Manzano, Senior CEQA Compliance: N/A
Project Manager
Subject: Well Optimization Study Amendment No. 1 with Camp Dresser and McKee,
Inc. (CDM)
SUMMARY:
CDM was previously retained to provide consulting services for the Well Optimization Study to
evaluate the condition of the District's wells and provide recommendations to maximize production
to meet current water demands. Additional work is required to complete these evaluations and
provide inspection services for well rehabilitation work.
STAFF RECOMMENDATION:
That the Board of Directors authorize approval of the Consulting Services Amendment No. 1 with
CDM, for a fee increase not to exceed $35,395, resulting in a total fee of $89,785.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee discussed this item at its meeting on August 5,
2010 and supports staff's recommendation.
DISCUSSION:
On October 16, 2008, the District entered into a Professional Services Agreement with CDM to
evaluate the condition of the District's wells and maximize production to meet current water
demands, for an amount not to exceed $54,390.
Work completed to date includes:
. Attended several meetings with District staff to collect data including well characteristics,
water levels, interference drawdown, pump performance curves, specific capacity and
operational records.
. Performed Well Nos. 5 and 12 pump analyses including several days of field observation
while the contractor conducted pump testing.
. Reviewed Well Nos. 5 and 12 video logs.
. Completed Well Nos. 5 and 12 reports which included the following recommendations to
assist in eliminating cascading water and air entrapment during pumping: pump setting levels,
installation and setting of packer, maximum discharge flow rate.
. Confirmed District's calculations for Well Nos. 5 and 12 pump sizing.
. Provided sizing calculations for Well No. 12 electric motor conversion and attended a
conference call meeting with District staff to discuss sizing requirements with the contractor.
. Reviewed Well No. 11 modifications with District staff and evaluated extent of production and
quality improvements.
. Provided pump installation inspection services for Well No. 5. Well No. 5 pump was recently
installed and test pumped at approximately 2,200 GPM; a small portion of this required
inspection work exceeding the previously authorized $54,390 by approximately $1,900.
Payment for this overage is requested as part of the proposal for additional services.
Currently, additional well optimization support services will be required, including inspection of Well
No. 12 pump installation, and consulting services for the refurbishment of Well No. 1. At the
District's request, CDM provided the attached letter proposal dated June 8, 2010, describing the
proposed work and fee. District staff reviewed the proposal and recommends approval.
PRIOR RELEVANT BOARD ACTION(S):
On August 28, 2008, the Board of Directors authorized the General Manager to execute a
Professional Services Agreement with Camp Dresser & McKee for the amount not to exceed
$54,390 to provide hydrogeologic and support engineering services to prepare an optimization
study of the District's existing water production wells, Job No. 200813.
ATTACHMENTS:
Name: Description: Type:
ylwd ammendment r2 June 061710.pdf Well OptStudyAmendment 1 Backup Material
YLWD well 1 evaluation June 2010 r2.pdf Amendment 1 Budget Est. Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
CDM
111 Academy, Suite 150
Irvine, California 92617
tel: 949 752-5452
fax: 949 725-3790
June 8, 2010
Steve Conklin
Anthony Manzano
Yorba Linda Water District
1717 East Miraloma Avenue
Placentia, CA 92870
Subject: Yorba Linda Water District Well Optimization Study Amendment
Dear Steve and Anthony:
As requested, CDM is submitting this amendment to our contract with the District to provide
engineering services to evaluate the current conditions of the District's wells so that the
District can maximize production and meet the current water demands. Well 5 work was
recently completed; rehabilitation of Well 12 has been completed, and the District has
requested CDM to assist in the oversight of the installation of the permanent pump,
evaluation, and oversight of Well 1 rehabilitation.
1.0 Scope of Work
Task 1-1 Well Evaluation and Recommendations
CDM will evaluate the well data and develop recommendations to increase production.
Wells 1, 5 and 12 were experiencing aeration due to the pumping water levels being below the
top of the perforations. CDM will provide guidance to the District during the field testing.
The preliminary field work has been completed for Well 5 and the aeration issue appears to
be resolved; however, Layne Christensen recently installed the pump and the District
requested that CDM provide construction observation services.
During this task the following items will be performed:
■ CDM provided pump installation observation for Well 5. This task has been completed.
However, this task represents additional engineering services completed in excess of the
approved $54,390.
■ CDM will review the video surveys and provide field oversight during the installation of
the packer/ cylinder (if the District determines it is needed) with the pump and test
pumping and provide recommendations for eliminating or reducing the aeration for Well
C:\Documents and Settings\hoffmanmj\Desktop\ylwd ammendment r2 June 061710.doc
consulting • engineering • construction • operations
CDM
Steve Conklin
June 8, 2010
Page 2
1. CDM will provide pump installation observation for Well 1, if needed. After the pump
is installed, the well will be evaluated for air in the discharge. Photographs will be taken
and a short memorandum prepared to document the installation and testing.
■ CDM will provide pump installation observation for Well 12. Photographs will be taken
and a short memorandum prepared to document the installation and testing.
2.0 Fee and Cost Breakdown
The total not-to-exceed cost approved by the District for the Well Optimization Study is
$54,390. The estimate to perform the work described in this letter is $35,395 which would
increase the upper limit to $89,785. The cost breakdown for the additional services described
herein is detailed on the attached table. All other terms and conditions of the original contract
dated October 16, 2008 will remain in effect.
Should you have any questions, or require additional clarification, please let me know.
Very truly yours,
Richard W. Corneille, P.E. Suzanne M. Rowe, C.HG.
Principal-In-Charge Project Manager
Camp Dresser & McKee Inc. Camp Dresser & McKee Inc.
C:\Documents and Settings\hoffmanmj\Desktop\ylwd ammendment r2 June 061710.doc
Yorba Linda Water District
Wells 1 Analysis, Well 5 and Well 12 Observation
Budget Estimate
June 2010
TASK Project Tech Advisor/ Senior WR Project Prof II Drafter Clerical/
Officer in Manager Review Planner/ Hydrogeologist Geol./ Eng. Contract. Admin Total Total Total
Charge SCGE 8 SCGE 9 Engineer 7 SCGE 5 SCGE3/4 Labor Labor ODCs Task
$210 $180 $210 $175 $135 $125 $85 $80 Hours Dollars Costs
1 Improve Well Yields
1.0 Well Evaluation and Recommendations
Well 5 Observation 1 1 2 7 2 13 $1,775 $140 $1,915
Well 1 Evalution, Recommendations and Observation 40 6 12 40 40 2 140 $21,120 $400 $21,520
Well 12 Pump Installation Observation 4 2 2 24 2 34 $4,650 $400 $5,050
2.0 Project Management 1 8 8 17 $2,290 $300 $2,590
3.0 Meetin s 8 4 4 8 2 26 $4,220 $100 $4,320
TOTAL 1 61 13 20 48 71 0 16 230 $34,0551 $1,3
40 $35 395
ITEM NO. 6.9
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: Yes
Total Budget: $42,000
To: Board of Directors Cost Estimate: $42,293
Funding Source: N/A
From: Ken Vecchiarelli, General Account No: 1-6020-0600-20
Manager
Job No: 2010-14
Presented By: Pat Grady, Assistant General Dept: Information
Manager Technology
Reviewed by Legal: No
Prepared By: Art Vega, IS Administrator CEQA Compliance: N/A
Subject: GPS Automated Vehicle Location (AVL) Professional Services Agreement
SUMMARY:
A GPS/AVL system is a computer and communications system that would allow the District to view
"real time" location and data information about District vehicles. The following would be the benefits
of implementing a GPS/AVL solution:
. Employee Safety
. Improved Dispatch
. Stolen Vehicle Recovery
. Reduced Annual Maintenance Costs
. Reduced Annual Fuel Costs
. Reduced Annual Mileage/Run Hours
. Longer Vehicle Life
. Potential Emissions Credits
STAFF RECOMMENDATION:
That the Board of Directors authorize the General Manager to execute a Professional Services
agreement with RMJ Technologies in the amount of $42,293, for the initial hardware unit cost
($22,838) and monthly monitoring service of 56 district vehicles ($19,455/year).
COMMITTEE RECOMMENDATION:
The Public Information-Technology Committee discussed this item at its meeting held on July 6,
2010 and supported staff's recommendation to execute a Professional Services Agreement with
RMJ Technologies. At that meeting however, the total cost was $39,271 for 52 vehicles. Since then,
staff has identified four additional vehicles to include in the program. As a result, the revised cost is
$42,293.
DISCUSSION:
Staff launched a two-month GPS/AVL pilot project in late March 2010. Initially four vendors agreed
to participate in the pilot program, however one vendor dropped out before the launch of the pilot
began. The vendors that participated were RMJ Technologies, Global Tracking Communications
and Teletrac, Inc. The pilot program included 16 District vehicles with GPS/AVL hardware installed
from the various vendors. During this time, staff had the opportunity to evaluate the GPS/AVL
hardware, software, services, functionality and vendor support of each of the systems.
The criteria that staff used was the following:
. GPS/AVL features.
. Refresh rate on polling vehicles.
. Software functionality and full web portal compatibility.
Unit hardware quality and installation.
. Support and responsiveness of vendor.
. References.
. Cost.
Summary of Cost:
Cost for 56 Vehicles Unit Hardware Cost" Yearly Cost
RMJ Technologies $21,000.00 $19,454.40
Global Tracking $18,424.00 $20,153.28
Teletrac Lease $35,582.40
*One Time Only Capitalized Expense. Does not include sales tax and shipping.
The following local agencies use RMJ Technologies GPS/AVL solution:
. Eastern Municipal Water District . Metropolitan Water District
. City of Oxnard . City of Hawaiian Gardens
. San Diego County Water Authority . City of Napa
. City of San Bernardino . City of Oakland
. City of Glendora . County of Los Angeles
. City of Irvine . County of San Bernardino
. City of Modesto . County of San Diego
USMC Camp Pendleton . East Bay Utility District
PRIOR RELEVANT BOARD ACTION(S):
The AVL/GPS program was a budgeted item for FY 2010/11 in the amount of $42,000.
ATTACHMENTS:
Name: Description: Type:
AVL_Agreement.pdf AVL Agreement Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
VENDOR cy\
CONTRACT #
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE YORBA LINDA WATER DISTRICT
AND
RMJ TECHNOLOGIES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
on 20_, by and between the YORBA LINDA WATER DISTRICT, a
local public agency, created and operating under authority of Division 12 of the California Water
Code ("District"), and RMJ TECHNOLOGIES ("Consultant") (collectively referred to herein as
the "Parties").
RECITALS
WHEREAS, District is engaging in the hardware purchase and Services described in the
Agreement attached as Exhibit "A"; and
WHEREAS, District requires a professional consultant with the requisite knowledge, skill,
ability and expertise to provide the necessary services for District during all phases of the Project
to which the specialized services of Consultant are appropriate; and
WHEREAS, Consultant represents to District that it is fully qualified and available to perform
the services for and as requested by District; and
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, the Parties agree as follows:
AGREEMENT
1.0. SCOPE OF WORK. The services to be provided by Consultant ("Work") are called out
in the Agreement attached as Exhibit "A" and incorporated herein by reference. All such Work
shall be performed in accordance with the highest professional standards and in such a prompt
and continuous fashion as not to impede or delay the overall completion of the Project.
1.1. Project Manager. Consultant acknowledges that continuous and effective
communication between District, Consultant, and other consultants (as appropriate) is
necessary to the successful completion of the Project. Consultant may also be required to
furnish copies of its work product and communications to others as requested by District.
Consultant's primary contact with District shall be through District's Project Manager
specified on Exhibit "A." District's primary contact with Consultant shall be through the
Consultant's Representative, designated on Consultant's Cost Proposal attached as
Exhibit "A," and incorporated herein by reference. When requested by District,
Consultant's Representative shall attend Project meetings and will undertake, as a part of
its professional responsibility under this Agreement, to coordinate its activities with all
appropriate individuals and consultants.
VENDOR
CONTRACT #
1.2. Use of Designs and Drawings. All work product of Consultant, whether created
solely by Consultant or in cooperation with others, is prepared specifically and expressly
for District and all right, title, and interest therein shall be owned by District. District
shall make available to Consultant such information, documents, graphs, studies, etc.,
which District possesses or has access to, which are relevant to Consultant's Work
pursuant to this Agreement.
1.3. Review. Consultant shall furnish District with reasonable opportunities from time
to time to ascertain whether the Work of Consultant are being performed in accordance
with this Agreement. All Work done and materials furnished shall be subject to final
review and approval by District. District's interim review and approval of Consultant's
work product shall not relieve Consultant of its obligations to fully perform this Agreement.
1.4. Commencement of Work The Project start date is called out on Exhibit "A."
1.5. Time Is Of The Essence. Consultant shall perform all Work with due diligence
as time is of the essence in the performance of this Agreement. Time limits applicable for
the performance of Consultant's Work are established in Exhibit "A."
2.0 COMPENSATION. As compensation for performance of the Work specified under the
Scope of Work (Exhibit "N'), District shall pay Consultant an amount not to exceed that
contained in Consultant's Cost Proposal (Exhibit "B"). Payment will be made at the rates set
forth in Consultant's Fee Schedule, which is attached as Exhibit "B" and incorporated herein by
reference. Costs or expenses not designated or identified in the Fee Schedule shall not be
reimbursable unless otherwise provided in this Agreement.
2.1. Invoicing. Consultant shall submit an invoice within ten (10) days after the end
of each month during the term of this Agreement describing the Work performed for
which payment is requested. District shall review and approve all invoices prior to
payment. District shall pay approved invoices within thirty (30) days of receipt.
Consultant agrees to submit additional documentation to support the invoice if requested.
If District does not approve an invoice, District shall send a notice to Consultant setting
forth the reason(s) the invoice was not approved. Consultant may re-invoice District to
cure the defects identified by District. The revised invoice will be treated as a new
submittal. District's determinations regarding verification of Consultant's performance,
accrued reimbursable expenses, if any, and percentage of completion shall be binding and
conclusive. Consultant's time records, invoices, receipts and other documentation
supporting the invoices shall be available for review by District upon reasonable notice
and shall be retained by Consultant for three (3) years after completion of the Project.
2.2. Extra Services. Before performing any services outside the scope of this
Agreement ("Extra Services"), Consultant shall submit a written request for approval of
such Extra Services and receive written approval from District. District shall have no
responsibility to compensate Consultant for any Extra Services provided by Consultant
without such prior written approval.
3.0 TERMINATION. District may terminate this Agreement at any time upon ten (10)
days written notice to Consultant. Should District exercise the right to terminate this Agreement,
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District shall pay Consultant for any Work satisfactorily completed prior to the date of
termination, based upon Consultant's Fee Schedule. Consultant may terminate this Agreement
upon ten (10) days written notice to District in the event of substantial failure by District to
perform in accordance with the terms hereof through no fault of Consultant; or in the event
District fails to pay Consultant in accordance with the terms in Section 2.0; or if Consultant's
Work hereunder is suspended for a period of time greater than ninety (90) days through no fault
of Consultant.
3.1. Withholding Payment. In the event District has reasonable grounds to believe
Consultant will be materially unable to perform the Work under this Agreement, or if
District becomes aware of a potential claim against Consultant or District arising out of
Consultant's negligence, intentional act or breach of any provision of this Agreement,
including a potential claim against Consultant by District, then District may, to the fullest
extent allowed by law, withhold payment of any amount payable to Consultant that
District determines is related to such inability to complete the Work, negligence,
intentional act, or breach.
4.0. SAFETY. Consultant shall conduct and maintain the Work so as to avoid injury or
damage to any person or property. Consultant shall at all times exercise all necessary safety
precautions appropriate to the nature of the Work and the conditions under which the Work is to
be performed, and be in compliance with all applicable federal, state and local statutory and
regulatory requirements including State of California, Department of Industrial Relations
(Cal/OSHA) regulations. Consultant is responsible for the safety of all Consultant personnel at
all times during performance of its Work, including while on District property.
5.0 INDEMNIIFICATION.
5.1. When the law establishes a professional standard of care for the Consultant's
services, to the fullest extent permitted by law, Consultant will defend, indemnify and
hold harmless District, its directors, officers, employees, and authorized volunteers from
and against all claims and demands of all persons that arise out of, pertain to, or relate to
the Consultant's negligence, recklessness, or willful misconduct in the performance (or
actual or alleged non-performance) of the Work under this agreement. Consultant shall
defend itself against any and all liabilities, claims, losses, damages, and costs arising out
of or alleged to arise out of Consultant's performance or non-performance of the Work
hereunder, and shall not tender such claims to District nor to its directors, officers,
employees, or authorized volunteers, for defense or indemnity.
5.2. Other than in the performance of professional services, to the fullest extent
permitted by law, Consultant will defend, indemnify and hold harmless District, its
directors, officers, employees and authorized volunteers from and against all claims and
demands of all persons arising out the performance of the Work (including the furnishing
of materials), including but not limited to claims by the Consultant, Consultant's
employees and any subconsultants for damages to persons or property, except for
damages resulting from the willful misconduct or active negligence of District, its
directors, officers, employees, or authorized volunteers.
5.3. Consultant shall defend, at Consultant's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
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instituted against District or any of its directors, officers, employees, or authorized
volunteers, with legal counsel reasonably acceptable to District. Consultant shall pay and
satisfy any judgment, award or decree that may be rendered against District or any of its
directors, officers, employees, or authorized volunteers, in any and all such aforesaid suits,
actions, or other legal proceedings for which Consultant is obligated to defend, indemnify
and hold harmless District, its directors, officers, employees and authorized volunteers
under this Agreement.
5.4. Consultant shall reimburse District or its directors, officers, employees, and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
District or its directors, officers, employees, or authorized volunteers.
6.0 INSURANCE REQUIREMENTS. Prior to execution of this Agreement, and at any
time thereafter on request, Consultant shall provide executed certificates of insurance and policy
endorsements acceptable to District evidencing the required coverage and limits for each
insurance policy. Each insurance policy shall be primary insurance as respects District, its
affiliated organizations and its and their respective officers, directors, trustees, employees,
agents, consultants, attorneys, successors and assigns (collectively, the "Covered Parties") for all
liability arising out of the activities performed by or on behalf of Consultant. Any insurance,
pool coverage, or self-insurance maintained by Covered Parties shall be excess of Consultant's
insurance and shall not contribute to it. Each insurance policy shall provide, or be endorsed to
provide, a waiver of rights of subrogation against Covered Parties. Each insurance policy shall
provide, or be endorsed to provide, that coverage shall not be cancelled except after thirty (30)
days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been
given to District. Unless otherwise approved by District, each insurance provider shall be
authorized to do business in California and have an A.M. Best rating (or equivalent) of not less
than "A: VII." Consultant shall provide and maintain at all times during the performance of this
Agreement the following insurance: (1) Commercial General Liability ("CGL") insurance; (2)
Automobile Liability insurance; (3) Workers' Compensation and Employer's Liability insurance;
and (4) Errors and Omissions ("E&O") liability insurance.
6.1. Commercial General Liability. Each CGL policy shall identify Covered Parties
as additional insured, or be endorsed to identify Covered Parties as additional insured
using ISO policy form "CG 00 01" with an edition date prior to 2004, or the exact
equivalent. Coverage for additional insured shall not be limited to vicarious liability.
Defense costs must be paid in addition to limits. Each CGL policy shall have liability
coverage limits of at least $1,000,000 per occurrence for bodily injury, personal injury
and property damage, and either at least (a) $2,000,000 aggregate total bodily injury,
personal injury and property damage applied separately to the Project; or at least (b)
$5,000,000 general aggregate limit for all operations. CGL insurance and endorsements
shall be kept in force at all times during the performance of this Agreement and all
coverage required herein shall be maintained after the term of this Agreement so long as
such coverage is reasonably available.
6.2. Automobile Liability. Each Automobile Liability policy shall require coverage
for "any auto" and shall have limits of at least $1,000,000 for bodily injury and property
damage, each accident, and shall use ISO policy form "CA 00 01," including owned,
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non-owned and hired autos, or the exact equivalent. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the CGL policy
described above. Automobile Liability insurance and endorsements shall be kept in force
at all times during the performance of this Agreement and all coverage required herein
shall be maintained after the term of this Agreement so long as such coverage is
reasonably available.
6.3. Workers' Compensation/Employees Liability. Consultant shall cover or
insure the existence of coverage under the applicable laws relating to Workers'
Compensation insurance, all of their employees employed directly by them or through
subconsultants at all times in carrying out the Work contemplated under this Agreement,
in accordance with the "Workers' Compensation and Insurance Act" of the California
Labor Code and any amendatory Acts. Consultant shall provide Employer's Liability
insurance with limits of at least $1,000,000 each accident, $1,000,000 disease policy
limit, and $1,000,000 disease each employee.
By Consultant's signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code, which requires every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that code, and that Consultant will comply with such
provisions before commencing Work under this Agreement. Upon the request of District,
subconsultants must provide certificates of insurance evidencing such coverage.
6.4. Errors and Omissions. Each E&O policy shall have limits of at least $1,000,000
per claim and $1,000,000 aggregate. Architects' and Engineers' coverage is to be
endorsed to include contractual liability. E&O insurance and endorsements shall be kept
in force at all times during the performance of this Agreement and all coverage required
herein shall be maintained after the term of this Agreement so long as such coverage is
reasonably available.
7.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between
District and Consultant is that of an independent contractor and Consultant shall not, in any way,
be considered to be an employee or agent of District. Consultant shall not represent or otherwise
hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or
employee of District. District will not be legally or financially responsible for any damage or
loss that may be sustained by Consultant because of any act, error, or omission of Consultant or
any other consultant, nor shall Consultant make any claim against District arising out of any such
act, error, or omission.
7.1. Taxes and Benefits. Consultant shall be solely responsible for the payment of all
federal, state and local income tax, social security tax, Workers' Compensation
insurance, state disability insurance, and any other taxes or insurance Consultant, as an
independent contractor, is responsible for paying under federal, state or local law.
Consultant is not eligible to receive Workers' Compensation, medical, indemnity or
retirement benefits through District, including but not limited to enrollment in CalPERS.
Consultant is not eligible to receive overtime, vacation or sick pay.
7.2. Permits and Licenses. Consultant shall procure and maintain all permits, and
licenses and other government-required certification necessary for the performance of its
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Work, all at the sole cost of Consultant. None of the items referenced in this section shall
be reimbursable to Consultant under the Agreement.
7.3. Methods. Consultant shall have the sole and absolute discretion in determining
the methods, details and means of performing the Work required by District. Consultant
shall furnish, at its own expense, all labor, materials, equipment, tools and transportation
necessary for the successful completion of the Work to be performed under this
Agreement. District shall not have any right to direct the methods, details and means of
the Work; however, Consultant must receive prior written approval from District before
assigning or changing any assignment of Consultant's project manager or key personnel
and before using any subconsultants or subconsultant agreements for services or
materials under this Agreement and any work authorizations.
8.0. NOTICES. Any notice may be served upon either Party by delivering it in person, or by
depositing it in a U.S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to
the Party at the address set forth below:
District: General Manager
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
Consultant: As designated in Exhibit "A."
Any notice given hereunder shall be deemed effective in the case of personal delivery, upon
receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission
with the United States Postal Service.
9.0 ASSIGNMENT. Neither Consultant nor District may assign or transfer this Agreement,
or any part thereof, without the prior written consent of the other Party, which shall not be
unreasonably withheld.
10.0 ATTORNEY'S FEES. In the event of any action arising out of, or in connection with,
this Agreement, or the Work to be performed hereunder, the prevailing Party shall be entitled to
have and recover, in addition to damages, injunctive or other relief its reasonable costs and
expenses, including without limitation, its attorney's fees.
11.0. BINDING ARBITRATION. Within thirty (30) days after service of a civil action on
either Party arising out of, or in connection with, this Agreement, either Party may elect to
submit the action to binding arbitration before the Judicial Arbitration and Mediation Service
("JAMS"), located in Orange County. The Parties agree that upon an election to arbitrate, any
civil action filed will be stayed until arbitration proceedings have concluded. Upon submission
of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly
selected arbitrators and serve said list upon the other Party. In the event that there are more than
two parties to the action, the number of arbitrators randomly selected and included in the list
shall be increased by two for each additional party involved. Upon service of the randomly
selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators
from the list and return it to JAMS, with the selected arbitrator being the remaining name on the
list. Should more than one name remain on the list, JAMS will randomly select the arbitrator
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from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no
later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to
conduct discovery as provided by the current rules of the California Code of Civil Procedure. All
costs of JAMS or of the arbitrator for Work shall be divided equally among the Parties, unless
otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the
arbitrator's award shall be supported by law and substantial evidence.
12.0 WARRANTY. Consultant warrants that the Work to be rendered pursuant to this
Agreement shall be performed in accordance with the standards customarily provided by an
experienced and competent professional rendering the same or similar services.
13.0 FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and
obligations of the Parties hereunder (except District's obligation to pay Consultant such sums as
may become due from time to time for Work rendered by it) shall be suspended while and so
long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire,
governmental action, war acts, acts of God, or any other cause similar or dissimilar to the
foregoing which are beyond the reasonable control of the Party from whom the affected
performance was due.
14.0 ENTIRE AGREEMENT. This Agreement, and the attached Exhibits, represent the
entire and integrated agreement between District and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both District and Consultant.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as
of the day and year written above.
District: Consultant:
Yorba Linda Water District K A~Es 3,,,~ ~\z, ~s
By: By:
Ken Vecchiarelli, General Manager ~c m~ o ~vgc CEO
Attachments: Exhibit A: Cost Proposal
Exhibit B: RMJ Terms and Conditions
EXHIBIT A
° PO BOX 478, FALLBROOK, CA 92088 877.273.0333
r
networkfleet.
• G DRIVING OWNESS
IMPORTANT TAX INFORMATION: FEDERAL AND STATE LAWS REQUIRE YOU TO FILE EXEMPTION CERTIFICATES PRIOR TO ANY TAX-EXEMPT PURCHASES.
This is an agreement ("Agreement") between Yorba Linda Water District, having the address referenced in the General Information section of this agreement ("Customer)
and RMJ TECHNOLOGIES, Incorporated ("Company"). Company is a Reseller of the Networkfleet Items and Services described herein and will provide Customer with
the hardware and other services under the terms, conditions and prices set forth in this Agreement.
Hardware and Pricing*
Item Base Price Taxes/Shipping Number of Units Total
Networkfleet 3500 375$ $1,837.50/$0 56 $22,837.50
Optional Installation $100ea nla 0
Total
Term of Agreement
_ One year term - Two year term _ Three year term with equipment lease
Monthly Service Fees
Monthly Service Plan Monthly Equipment Optional Service Plan (s) Total Monthly Service
Type of Unit per unit Payment Plan per unit per unit Plan per Unit
NWF 3500 $28.95 $0 $0 $1,621.20
General Information
Customer Name*: Fax:
State of Organization:
Billing Address: Phone:
*List legal name, not just trade name or dba Email:
Please Sign Below: Each person signing below on behalf of Customer and Company individually certifies that he/she is duly authorized to act on behalf of such party in making,
executing and delivering this Agreement The parties agree that the Terms and Conditions set forth on the back side hereof or in any accompanying rider or addendum that
references this Agreement are incorporated in and form a part of this Agreement.
Customer: Company.
RMJ TECHNOLOGIES, Incorporated
Print Name
By: By:
Title: Title:
Date: Date.
EXHIBIT B
PO BOX 478, FALLBROOK, CA 92088 877.273.0333
Terms and Conditions
1. ITEMS AND SERVICES. RMJ Technologies, (hereinafter'we,"us; 'our or 'the Company'), acting as an authorized Reseller for Networldleet Inc. dba Networldleet ('Networldleet will provide the Yorba
Linda Water District (hereinafter you; you' or 'Customer') with Networldleet Items and Services for the purpose of allowing you to collect diagnostic and location information from a motor vehicle using a wireless
Internet device which is installed in that vehicle (hereinafter referred to as "Networkfleet Service'), subject to the terms, conditions and limitations set forth herein. The Networkflest Items and Services are designed
to provide you with a broad set of automotive data derived from location information. By entering into this Agreement you are agreeing to become a Customer of the Company and to purchase Networldlest Items
and Services through the Company. Without our prior written consent, you will not (a) attach to or install on any Networkflest Items any accessory, attachment, or other device that would impair the originally
intended function, operation or good working order of the Networldleet Items; or (b) make any modifications to the Networldleet Items. You also acknowledge and agree, as follows:
(t) This Agreement creates no contractual relationship between you and Networldleet and/or any underlying wireless service carrier (collectively, the 'Networkfleet parties') and you shall not be a third
party benefidary of any agreement between the Company and the Networldleet parties and the Networldleet parties shall have no legal, equitable or other liability of any kind to you.
(ii) You will indemnify and hold hanrdess the Company and the Networldleet parties and their respective officers, employees, agents, successors and assigns, from and against any and all claims for libel,
slander or any property damage, personal injury or death, arising in any way, directly or indirectly, in connection with this Agreement or the use, failure to use, or inability to use the wireless number
assigned to you, except where such claims result from such party's gross negligence or willful misconduct. The foregoing indemnity shall survive the temtination of this Agreement for any reason.
(iii) You have no property right in any wireless number assigned to you in connection with the Networldleet Services and you understand that any such number can be changed, from time to time.
(iv) None of the Company, the Networldleet parties or any other person can guarantee the security of wireless transmissions and no such person shall be liable for any lack of security relating to the use of
the Networkflest Services.
(v) The Networkfleet Services are or your end use only and you may not resell such Services to any other person.
(vi) The Networldleet Items and Services utilize wireless services data which cannot be collected through such items and Services once a vehicle in which the related Equipment is installed travels beyond
a certain range. The Items and Services are dependent upon the coverage areas of wireless networks owned and operated by third parties. Coverage areas are approximate and do not cover
significant portions of North America. Actual coverage and operation of all Items and Services depends on system availability and capacity, system and equipment upgrades, repairs, maintenance,
modifications, relocation, terrain, signal strength, structural conditions, governmental regulations, acts of god, and other conditions beyond the reasonable control of the Networldleet parties or the
Company.
(vii) The Items may not operate in an enclosed space, in a building, between buildings, under ground or in canyons. The Items and Services are dependent upon the availability of the intemet which is
owned and operated by and accessed through third parties. Neither Networldleet or the Company warrant that the receipt of data mapping information, an other content from the Items and Services
will be uninterrupted, or that the transmission of data, mapping intommation and other content will always be timely or complete. You acknowledge that the Items and Services do not monitor any parts
or systems of your vehicle and that neither the Items nor the Services shall prevent and/or detect all vehicle problems and we do not guarantee that you will not experience vehicle breakdowns or
repair costs. If location-based data or location-based services are used, or attempted to be used to locate a vehicle, inducing any stolen vehicle, neither Networldleet nor the Company guarantee that
the vehicle will be successfully located and/or recovered.
(viii) You will not remove or obscure any copyright, trademark notice or restrictive legend on any of the Networkfleet Items.
(ix) Upon receipt of any written notice from Networldleet that the Company's agreement with Networldleet has been terminated for cause, then in order or Networldleet Services to continue you will make
all payments hereunder as directed by Networldleet in such notice and execute a new end user agreement with Networldleet or its designee.
2. SCOPE OF SUPPORT SERVICES. Conditioned upon timely payment of all applicable Fees or other sums due pursuant to this Agreement and while you are not otherwise in default under this Agreement, (a)
we will provide to you reasonable amounts of consultation and technical assistance during our regular working hours and (b) we will cause Networkfleet or its designee to provide the Support Services described
herein. If you experience a problem with the Networldleet Items or Services, you may call Networkfleet or its designee at 1 (877) 29941644 (during regular working hours: 8:00 a.m. to 1100 p.r, Eastern Standard
Time, Monday through Friday, excluding holidays). Networldleet will assist you via the telephone in an effort to diagnose the problem with the Items or Services. Networldleet and we will, on a reasonable best-
efforts basis, correct errors or malfunctions in the Items or Services to enable them to perform the functions described in the operating manuals as soon as practicable after you notify us of such error or malfunction.
If the Equipment is diagnosed as non-functioning during the warranty period, we will repair or replace non-functioning components. If, in our sole determination, the Equipment is deemed unrepaireble, then we will
send a replacement unit to you. We will pay the ground shipping charges to return the Equipment to you. You will pay any additional charges for alternative shipping methods requested by you. All non-functioning
Equipment replaced by us will become our property. Support Services provided by Networldleet or us under this Agreement do rat include repair, replacement or correction of any Equipment damage or
malfunctions caused by:
(t) Your failure to property install or use the Equipment as described in the operating manual;
(ii) Accident, negligence, theft, vandalism, operator error or misuse, failure of the Equipment site to conform to specifications, failure or surges in electrical power, air conditioning or humidity control, water,
abnormal conditions, acts of God (including lightning) or cause other than normal use;
(iii) Modifications, attachments, repairs or parts replacements performed by you or any other person not authorized by the Company; or
(iv) Failure of a vehicle to be in good working condition.
3. PAYMENT. During the Term, you agree to pay us the applicable monthly fees set forth above (the "Fees"). If applicable, any one-time Initial Fee will be due upon execution of tNs Agreement. Hardware costs,
inducing installation, shall be due upon purchase of the Equipment All other Fees will be invoiced to you on a monthly basis in advance. You must pay any freight and any sales and/or use taxes. Invoices are due
on receipt You must pay all amounts without offset After the Initial Tenn, we reserve the right to change our Fees or implement new charges at any time upon thirty (30) days' prior written notice to you. If you do
not pay any amount within sixty (60) days after it is due, we may impose a late charge on any undisputed unpaid amount equal to the greater of one percent (1.5%) per month on such unpaid amount or the highest
rate/amount permitted by applicable law.
4. TERM AND TERMINATION. The initial term of this Agreement begins on the date the GPS units are activated and, unless terminated earlier as provided herein, continues forthe term set forth on the first
page of this Agreement (the "tribal Term"). Thereafter, the Term will be extended on an annual basis (the "Renewal Term'), unless terminated by either party, with or without cause, upon thirty (30) days prior
written notice prior to the end of the Initial or any Renewal Term. The Initial Tenn and Renewal Term are collectively referred to as the 'Term'. If you terminate Services under this Agreement and later desire to
reinstate Services, you may receive those Services if you sign another agreement with us and pay our then-current, applicable fees. This Agreement and your participation in the Services as set forth herein may be
terminated by us prior to the end of the Term: (i) if you do not comply with any of your obligations under this Agreement (or then applicable policies and terns with respect to the Network8eet Items or Services,
which may be changed from time to time), including any failure to pay any amounts due; (ii) for reasons relating to any breach of applicable state or federal law; or (iii) if we are no longer permitted to make the
Services available. All unpaid amounts are immediately due and payable on default
5. COMPLIANCE WITH RULES AND LAWS. You will comply with all then-current, applicable polices established from time to time and delivered to you with respect to the Networldleet Items and Services.
You will also comply with all applicable laws and regulations, including FCC and privacy laws, relating to the Items and Services and the transactions contemplated under this Agreement You are responsible for the
compliance of your affiliates, employees, agents and consultants (collectively "Associates") with the terms of this Agreement and any applicable policies, rules, laws or regulations.
6. LIMITED WARRANTY. Networldleet devices are covered by a manufacturer warranty for a period of three (3) years from the date of first activation. The warranty term is divided into two periods. For the first
year (i.e. comprehensive period) coverage includes; the 4200/3500 device, the device peripherals (Antenna & Connecting Harness) and reimbursement for labor expenses associated with removal and replacement
of a non-functioning unit and/or device peripherals as part of a Networfleet approved Return Authorization number (RA#). During the second and third years of the warranty, coverage includes only 4200/3500
device and device peripherals. Reimbursement for labor expenses is not available during this period. Warranty coverage is activated by device malfunction according to pre-determined specifications as
determined at the sole discretion of Networldleet
7. We provide a limited warranty that, for a period of one (1) year following delivery of Equipment to you and any extended warranty period(s) purchased, such Equipment will not have defects in material and
workmanship and, subject to the terms, conditions and limitations set forth herein, during the Term: (a) Licensed Matter will be able to perform the data processing functions described in the applicable operating
manuals; and (b) Services will be provided in a workmanlike manner. You may only make claims under this limited warranty during the Term by promptly notifying us after you learn of the fads supporting the daim.
We will either repair or replace the non-complying Item or re-perform the Services; THESE ARE OUR ONLY OBLIGATIONS AND YOU'RE ONLY REMEDY FOR BREACH OF WARRANTY OR GUARANTEE.
We do not provide any warranty or guarantee on items acquired from others, even if acquired with our assistance. The limited warranties contained in this Section are void if you default Unless otherwise agreed in
writing, downtime is not a breach of this Agreement by us and will not entitle you to any refunds or credits.
8. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. THE COMPANY WILL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST
PROFITS OR LOST DATA, EVEN IF THE COMPANY IS TOLD THOSE DAMAGES MAY OCCUR. THE COMPANY S LIABILITY UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY
SHALL NOT EXCEED THE AMOUNT PAID TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWO (2) MONTH PERIOD PRIOR TO THE DATE THE LIABILITY ACCRUES FOR A CLAIM.
EXCEPT AS STATED IN PARAGRAPH 6, THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTIES ABOUT THE ITEMS OR SERVICES, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF INTERRUPTED OPERATIONS WITHOUT ERROR. We are not responsible for. (a) delays in delivery, installation
damage to Equipment, or providing Services, except if caused by our gross negligence or willful misconduct (b) ads of God or anything outside our reasonable control or resulting from your breach; or (c) the
operation of Items if any item acquired from a third party is used with the Items.
9. DEFAULT. Subject to the provisions of Section 4, Tenn and Termination, you will be in default if you breach this Agreement, including any failure to pay any amounts due. If you default, we may, without
liability, terminate this Agreement and cease providing Items and Services and obtain any remedies available. All unpaid amounts are immediately due and payable on default All our rights and remedies are
cumulative.
10. VEHICLE REGISTRATION REQUIREMENTS. You agree to promptly register any Networldleet Items along with any associated vehicle information using the web-based registration methods we provide to you.
Upon registration of the Item and vehicle from you, we will activate any purchased Networldleet Services for the applicable vehicle. We may change the Item / Vehicle Registration process from time to time in our
sole discretion.
11. RIGHT TO SHARE INFORMATION. You agree that we may share the information provided by you in this Agreement with our affiliates, for the purpose of establishment of credit or to set up or deal with your
account, and with any Networldleet parties as necessary in connection with the provision of the Items and Services hereunder or otherwise for the performance of this Agreement
12. DEFINITIONS. The following definitions apply: (a) Equipment - Networldleet device or other equipment items (other than Licensed Matter) as described herein: (b) herein - means this Agreement unless the
context in which used expressly refers to a specific provision, section or paragraph; (c) Items - Equipment and Licensed Matter; (d) Licensed Matter - Networldleet software, including corrections and any
improvement or modification that we provide to you, and anything provided by us for use with the Networkfleet software or Equipment, such as books or manuals or other printed materials; (e) Other Providers -
anyone other than us that provides Items or Services to you; (f) our - belonging to us, (g) person - any individual, corporation, limited liability company, partnership, joint venture, association, organization,
government, governmental body or authority, or any other entity, organization or enterprise of any nature whatsoever, (h) Services - Networldleet Services (described in Section 1 above) and support services for
the Equipment and Software; (i) Subscriber or Customer - any individual or fleet entity that enters into a Subscriber Agreement with us; and (j) us or we or Company.
13. GENERAL. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement may be assigned by the Company
without prior notice to or requirement of consent of Customer. Customer may not assign this Agreement without the prior written consent of the Company. This Agreement shall be read and enforced under the laws
of the Commonwealth of California applicable to contracts executed and performed completely in California and without reference to any conflicts of laws provisions hereunder. Section or paragraph headings herein
are for convenience only and shall not affect the meaning or interpretation of any provisions of this Agreement If part of this Agreement is held invalid or unenforceable, the invalid partwill be deleted and the rest will
remain in effect EACH PART OF THIS AGREEMENT THAT LIMITS LIABILITY, DISCLAIMS WARRANTIES OR GUARANTEES, OR EXCLUDES DAMAGES 1S SEVERABLE AND INDEPENDENT OF ANY
OTHER PROVISION AND IS TO BE ENFORCED THAT WAY. IF ANY REMEDY FAILS TO FULFILL ITS ESSENTIAL PURPOSE, THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES
REMAIN IN EFFECT. Any notice required under this Agreement shall be in writing and shall be delivered by hand, sent by fax (if the sending machine confirms in writing that the fax was received), or mailed by
registered, certified mail or other receipted delivery service, return receipt requested and postage or delivery fees prepaid, to the addresses stated in this Agreement This Agreement contains the entire agreement
between the parties about the Items and Services which are the subject of the Agreement and prevails over all prior oral and written statements, communications or agreements between you and us about such
PO BOX 478, FALLBROOK, CA 92088 877.273.0333
Items and Services. No action, regardless of form, related to this Agreement may be brought by you or us more than one year after the cause of action has accrued. In the event that we commence any action or
legal proceeding to collect any sums payable to us hereunder or to otherwise enforce our rights under this Agreement, then in addition to any other rights or remedies to which we may be entitled, you agree that we
shall also be entitled to recover our costs and expenses incurred in connection with such action or proceeding, including (without limitation) our reasonable attorneys' fees.
ITEM NO. 7.1
AGENDA REPORT
Meeting Date: August 12, 2010
To: Board of Directors
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General
Manager
Reviewed by Legal: Yes
Prepared By: Harold Hulbert, Operations
Assistant
Subject: Memorandum of Understanding with the County of Orange for the Utilization of
AlertOC
SUMMARY:
AlertOC is a reverse notification system that is being provided by the County of Orange at no cost to
water districts. The system can be utilized for public notification of a water related emergency, as
well as internal notification to staff of an emergency response.
STAFF RECOMMENDATION:
That the Board of Directors authorize the General Manager to enter into an MOU between the
County of Orange and MWDOC for use of the AlertOC system.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee discussed this item at its meeting held July
20, 2010 and supports staff's recommendation.
DISCUSSION:
AlertOC is intended to supplement, not replace, other forms of communication. Jurisdictions are to
use the system in tandem with other notification systems to assist in warning the public of a
perceived or emerging emergency, to inform an impacted community of what action to take during a
public safety incident or public health crisis, to keep a community updated on the status of an event,
and to disseminate post event information to impacted areas.
The communication channels that allow these components to be used in coordination are every day
devices used by individuals and businesses such as cell phones, landlines, email, and text
messages, which increase the public's ability to access timely and critical information. The ability to
send messages via text, cell phone or email is critical, especially as more and more people opt not
to have a traditional land based phone line.
Specific to water agencies, events that might require a water agency to notify their contact base
include but are not limited to: Emergency Water Conservation, Boil Water, Do not Drink, Do not
Use, Water Unavailable for Extended Period, and Event All Clear. Participant agencies can only
notify their own customers or residents; for water utilities this includes the potential of notifying
residents and businesses of multiple cities.
The District would utilize the AlertOC system to provide additional communication during
emergency events as outlined in the District's Emergency Response Plan and as designated by the
General Manager. Additionally, this service would be used during larger disasters in which WEROC
is coordinating a Joint Information Center and developing joint press releases for multiple impact
areas.
Participation in the AlertOC program is currently free for water agencies and is funded by the
County through May 2012. Throughout this time, the program provides access to the system and
data, the capability to preload scripts and use agency map files, and allows up to 3 user accounts
per agency. Water agencies are limited to notifications about "Emergency Water Events," and
distribution of these notifications is limited to that agency's water consumers. To utilize the system
water agencies must be in compliance with the County-wide Public Mass Notification Use Policy,
Notification System Vendor Contract, and E911 Data Restrictions.
The water departments of cities already have access to this system via their emergency
management or public safety representative. Golden State Water Company is opting not to
participate since they already have a notification system that is utilized throughout the state and all
of their service areas.
Attached is the participant MOU. Please note that Exhibits A, B and C are not attached as they are
quite lengthy. Copies of these exhibits can be reviewed in the Office of the General Manager or sent
electronically by request.
MWDOC Legal Counsel assisted in the MOU writing and review process. The MOU is primarily the
same agreement that was signed between the county and the cities with only minor changes.
ATTACHMENTS:
Narne: Description: V Ype:
Final Agree.pdf Memorandum Of Understanding Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
MB/JS 4-0
Director Hawkins was absent.
MOU
BETWEEN
THE COUNTY OF ORANGE
AND
PARTICIPANTS
FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM
This Memorandum of Understanding, hereinafter referred to as "MOU,"
dated , which date is stated for purposes of reference only, is entered into by and
between the County of Orange, a political subdivision of the State of California, hereinafter
referred to as "COUNTY," and the undersigned Municipal Water District of Orange County and
Orange County Retail Water Agencies, hereinafter referred to individually as "PARTICIPANT" or
collectively as "PARTICIPANTS."
This MOU is intended to establish governance and terms of use of the Countywide Public
Mass Notification System referred to as AlertOC.
RECITALS
WHEREAS, COUNTY is sponsoring a Countywide Public Mass Notification System
("System") for the primary intent of providing timely communication to the public during times
of emergency; and
WHEREAS, COUNTY is making use of the System available to PARTICIPANTS for
dissemination of crisis water notifications to Orange County water consumers within the
PARTICIPANTS' respective jurisdictions; and
WHEREAS, COUNTY entered into Orange County Price Agreement no. N1000009880
("Agreement"), attached hereto as Exhibit A, for the provision of Public Mass Notification
System Services with The NTI Group, Inc. ("NTI") on or about May 6, 2008 to disseminate
critical, time-sensitive emergency information to COUNTY's citizens and businesses through
phone and e-mail devices for emergency notification purposes.; and
WHEREAS, PARTICIPANTS agree to use the System in compliance with all
agreements and policies identified and incorporated herein as Exhibit A (Orange County Price
Agreement no. N1000009880), Exhibit B (Nondisclosure Document), and Exhibit C
(Countywide Public Mass Notification System Policy and Guideline), and the terms of this
MOU.
NOW, THEREFORE, the parties agree as follows:
Pagel of 5
I. Defmitions:
"Agreement" shall refer to Orange County Price Agreement no. N1000009880 between
COUNTY and NTI. The Agreement is attached to this MOU as Exhibit A.
"AlertOC" shall mean the identity of Orange County's regional emergency public
notification system.
"Countywide" shall mean all geographic locations in Orange County, California.
"Contact information" shall mean E911 and AlertOC subscriber contact data stored in the
System for the purpose of disseminating communication in accordance with this MOU
and its Exhibits
"Emergency" shall include, but not be limited to, instances of fire, flood, storm,
epidemic, riots, or disease that threaten the safety and welfare of the citizens and property
located within the boundaries of the COUNTY and PARTICIPANTS' respective
jurisdictions.
"Crisis Water Notification" shall include, but not be limited to, instances requiring the
public to conserve, boil, not drink, or not use at all, water provided by a PARTICIPANT.
"Emergency information" shall mean information relevant to the safety and welfare of
recipients in the event of an Emergency. Such information shall include but not be
limited to instructions and directions to alleviate or avoid the impact of an emergency.
"System" shall mean the Public Mass Notification System as provided by Blackboard
Connect (formerly NTI) to COUNTY under the Agreement. The System is designed to
disseminate information by utilizing common communications, i.e. telephone and e-mail
communications to citizens and businesses as permitted under the Agreement.
II. Hold Harmless: PARTICIPANT will defend, indemnify and save harmless COUNTY,
its elected officials, officers, agents, employees, volunteers and those special districts and
agencies for which COUNTY's Board of Supervisors acts as the governing Board from
and against any and all claims, demands, losses, damages, expenses or liabilities of any
kind or nature which COUNTY, its elected officials, officers, agents, employees or
volunteers may sustain or incur or which may be imposed upon them for injury to or
death of persons, or damages to property as a result of, or arising out of the acts, errors or
omissions of PARTICIPANT, its elected or appointed officials, officers, agents,
employees, subtenants, invitees, or licensees. COUNTY will defend, indemnify and save
harmless PARTICIPANT, its elected or appointed officials, officers, agents, employees
j and volunteers from and against any and all claims, demands, losses, damages, expenses
or liabilities of any kind or nature which PARTICIPANT, its elected or appointed
officials, officers, agents, employees or volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damages to property as a result
Page 2 of 5
of, or arising out of the acts, errors or omissions of COUNTY, its elected officials,
officers, agents, employees, subtenants, invitees, or licensees.
III. Term: This MOU shall be in effect from and shall expire on June
30, 2012, unless the COUNTY or PARTICIPANT decides to terminate PARTICIPANT
access to the system earlier per the termination terms found in Paragraph IX.
Termination, below.
IV. Scope of Services: The scope of services under this MOU is limited to allowing
PARTICIPANTS use of the System for distributing crisis water notifications to water
consumers in the event of a water emergency. COUNTY shall provide PARTICIPANTS
limited SYSTEM access that will allow them to select applicable contact records, upload
PARTICIPANT map files and send notifications via all SYSTEM communication
channels (phone, e-mail, text). Unless agreed upon by COUNTY separate from this
MOU, each PARTICIPANT will be granted no more than three (3) SYSTEM accounts.
V. Use: Use of the System and its data, including but not limited to contact information, is
governed by the terms, conditions and restrictions set forth in the terms provided in
Exhibit A, B and C. PARTICIPANTS agree to the terms and conditions contained in
Exhibits A, B, and C as they relate to use of the System and its data. COUNTY retains
the right to update Exhibits A, B, and C as needed, in whole or in part, during the life of
this MOU. Any and all revised Exhibits will be distributed to PARTICIPANTS within
five business days of the revision date and shall be incorporated into this MOU. Such
modifications to the Exhibits shall not be deemed an amendment for the purposes of
Paragraph X. Amendments, below.
PARTICIPANT, including each of its agents, officers, employees, and representatives
who are given access to the System, agrees to abide by the individual use terms of each
agreement and the additional conditions incorporated herein. Breach of use may result in
individual user or Participant access account termination.
The. scope of services under the Agreement is limited to PARTICIPANT using the
SYSTEM to distribute crisis water notifications to PARTICIPANT water consumers in
the event of a water emergency.
PARTICIPANT has read and accepts the terms and conditions found in COUNTY's
"Countywide Public Mass Notification System Policy and Guideline (June 30, 2008)",
attached hereto as Exhibit C.
VI. Compensation: COUNTY is providing PARTICIPANTS limited access and use of the
SYSTEM at no charge.
VII. Notice: Any notice or notices required or permitted to be given pursuant to this MOU
shall be submitted in writing and delivered in person, via electronic mail or via United
States mail as follows:
Page 3 of 5
COUNTY:
County Executive Office
Mass Notification System Program Manager
10 Civic Center Plaza
Santa Ana, Ca 92701
Teara.leblanc@ocgov.com
PARTICIPANTS: Each PARTICIPANT shall provide to COUNTY a contact person
and notice information upon entering into this MOU.
Notice shall be considered tendered at the time it is received by the intended
recipient.
VIII. Confidentiality: Each party agrees to maintain the confidentiality of all related records
and information of the other party pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this MOU. All
information and use of the System shall be in compliance with California Public Utilities
Code section 2872.
IX. Termination: The COUNTY or any PARTICIPANT may terminate its participation in
this MOU at any time for any reason whatsoever. If any PARTICIPANT chooses to
terminate its participation in this MOU, the terminating PARTICIPANT shall provide
written notification in accordance with Paragraph VII. Notice, above. Such notice shall
be delivered at least 30 days prior to the determined termination date, which shall be
stated in the notice. A terminating PARTICIPANT shall uphold the obligations
contained in Paragraph II. Hold Harmless in its entirety and Paragraph VIII.
Confidentiality, above. Upon the determined termination date, PARTICIPANT agrees to
inform each PARTICIPANT user to stop using the System.
Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as
defined in Paragraph X. Amendments, below.
X. Amendments: This MOU may be amended only by mutual written consent of the parties
involved unless otherwise provided for in this MOU. The modifications shall have no
force and effect unless such modifications are in writing and signed by an authorized
representative of each party. Termination by a PARTICIPANT or adding a new
PARTICIPANT to this MOU shall not be deemed an amendment.
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their duly authorized representatives as of the dates opposite the signatures.
COUNTY OF ORANGE
I
By: Date:
Thomas Mauk, County Executive Officer
County of Orange
PARTICIPANT:
By: Date:
Authorized Signature
Print Name and Title
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSFL:
ORANgE COgNI1Y ALIFORNIA
t3y ~l!G~
Deputy
Date 7 " V /D
Page 5 of 5
ITEM NO. 7.2
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: N/A
Total Budget: N/A
To: Board of Directors Cost Estimate: $600.00
Funding Source: Developer Funded
From: Ken Vecchiarelli, General Account No: 1-0040-0360-00
Manager
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Earl Hamanaka, Engineering CEQA Compliance: N/A
Tech II
Subject: Quitclaim for a Portion of an Existing 20-foot Wide Easement at 5465
Summerwood Lane
SUMMARY:
Residents at 5465 Summerwood Lane, Mr. & Ms. Gregory Rex, requested the District to quitclaim a
portion of an existing 20-foot wide easement that has no District facilities. Staff investigated this
request and recommends execution of the Quitclaim.
STAFF RECOMMENDATION:
That the Board of Directors authorize the President and Secretary to execute a Quitclaim Deed to
Mr. & Ms. Gregory Rex for abandoning the southwesterly 150.78 feet of a 20-foot wide District
easement, as recorded in Book 11695, Page 688 of Official Records of Orange County.
DISCUSSION:
On April 5, 1976, the District was granted a 20-foot wide water easement adjacent to the westerly
property line of 5465 Summerwood Lane, currently owned by Mr. & Ms. Gregory Rex. A large
portion of this easement is not utilized by the District. The current property owners requested the
District consider quitclaiming a portion of the easement so they can more fully utilize their property
and construct improvements in this area.
The District currently maintains and operates an 8-inch water main at the northwesterly corner of
the Rex's property, within a portion of the existing 20-foot wide easement outside of the desired
quitclaim area. The District has no plans to utilize the southwesterly branch of the easement within
the subject property. The 8-inch water main was constructed in 1976 and serves as a loop from
Lakeview Avenue, westerly to Berryhill Drive. An exhibit depicting the location of the project along
with a detailed meets-and-bounds description are attached for reference. In preparation of the
Quitclaim Deed, a fee of $600.00 was charged by the District's consultant, Coast Surveying Inc., to
prepare the attached exhibit and meets-and-bounds description. This fee was paid in full by Mr. and
Ms. Rex.
Staff reviewed the owners' request and determined that the District has encumbered more property
than is needed to maintain its existing water facilities on this property. Abandoning the
southwesterly portion of the existing easement will not hinder the District's ability to properly operate
and maintain its water facilities. Staff recommends execution of the attached Quitclaim Deed.
PRIOR RELEVANT BOARD ACTION(S):
None.
ATTACHMENTS:
Name: Description: Type:
Quitclaim Deed Incl. Exhibits A-B 07-26-2010.pdf Quitclaim Deed with Exhibit A & B Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
MB/RC 4-0
Director Hawkins was absent.
RECORDING REQUESTED BY. EXEMPT FROM FEES
PUBLIC AGENCY
YORBA LINDA WATER DISTRICT, GOVERNMENT CODE §27383
a Public Corporation
P.O. Box 309
Yorba Linda, CA 92885-0309
THIS SPACE FOR RECORDER'S USE. ONLY
DOCUMENTARY TRANSFER TAX IS GIVEN NO CONSIDERATION.
Kenneth R. Vecchiarelli, Secretary
QUITCLAIM DEED
YORBA LINDA WATER DISTRICT, a public corporation, does hereby quitclaim to the
RECORD OWNER(S) of fee title thereof all of its right, title and interest in and to the real
property touched and affected by and described in that certain Easement Deed, dated April 5,
1976 and recorded in Book 11695, Page 688 in the Official Records of Orange County,
California, more particularly described as:
The real property described in Exhibit "A" and shown on Exhibit "B" attached hereto, and by
this reference made a part hereof.
DATED , 2010 YORBA LINDA WATER DISTRICT
By
William R. Mills, President
By
Kenneth R. Vecchiarelli, Secretary
Oast Surveying, Inc.
July 14. 2010
EXHIBIT A
IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT
PORTION OF PARCEL 2 OF THE LAND DESCRIBED IN THE DEED OF EASEMENT TO YORBA LINDA
COUNTY WATER DISTRICT, RECORDED APRIL 5, 1976 IN BOOK 11695, PAGE 688, OFFICIAL.
RECORDS OF SAID COUNTY, BEING A PORTION OF SAID EASEMENT LYING WITHIN LOT 4 OF
TRACT NO. 11339 AS SHOWN ON A MAP RECORDED IN BOOK 489, PAGES 20 THROUGH 22
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE ALONG THE NORTHWEST LINE
OF SAID LOT NORTH 33°30'53" EAST 150.78 FEET; THENCE SOUTH 56°29'07" EAST 20.00 FEET TO
THE SOUTHEASTERLY LINE OF SAID PARCEL 2 OF SAID EASEMENT DEED; THENCE ALONG SAID
SOUTHEASTERLY LINE SOUTH 33°30'53" WEST 147.51 FEET TO THE SOUTHWESTERLY LINE OF
SAID LOT 4; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 65°46'20" WEST 20.27 FEET TO
THE POINT OF BEGINNING.
CONTAINING 2,983 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART
HEREOF.
DATED THIS 16TH DAY OF JULY, 2010 kp SAND S
ca DEL ~P
4
t'a L.S. 5108
GWEN-VERA DEL CASTILLO, PLS 5108
4F CA1-~F
JN 148-031 1 of 4
i
BEAR 11,117 IN STANCE co
LDT3
i
1 N65' 46' 22" W 20. 27' `Q
3 S33' 53' W 15. 00' r y
4 S---,30' W 31. °
5 S 30' 5 .W 46. qp. ? = / PORTION OF EXTSTING
6 S33' 30'
20' PIPELINE EASEMENT
7 S33° 30' 53" W 147. 51' 1
To YLwD O.R. 11695/6e8,
-0 BE QUITCLAIMED. j
~.i 't ~~ti 04' l1
tvz r~ ~a a / 1 tt ` 07
~A)~~~ LOT d OF TRrtG7° 11339
M.M. 489;20..22
LOT 1
- _A,
3' Q
1
f'fb C~`p ~ c ~i ~ /
LOT5 ! ,rU
c~ v,
/ N
o
X-
<"v
- LOT60
o r
B ENA VISTA AVENUE
JoB ~~I1~-031 02
GATE 7Yj 5 1 C
. u C.~
E OA.JI SUR`/El'1 G INC.
JD. A SSCALE. 1 = 80' 5-465 SL M U HR L N 15031 PARKWAY -GOP, SUITE 6
SHEET 1 OF 1 YQRBA LINDA TUSTIN, CA 922780-5527 ;714) 918--6266
ITEM NO. 7.3
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: N/A
Total Budget: N/A
To: Board of Directors Cost Estimate: N/A
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Job No: 200902
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: Yes
Prepared By: Scott Moulton, Consultant CEQA Compliance: Exempt
Subject: Sewer Agreement for MWD's Diemer Treatment Plant
SUMMARY:
The existing sewer agreement for MWD's Diemer Treatment Plant was created in 1968 for a much
smaller operation. The Diemer Plant is much larger today, with peak effluent discharge rates 70
times larger than referenced in the original agreement. In addition, a second discharge connection
has been requested by MWD for a sewer force main in Valley View Circle. District staff has
negotiated a new agreement with MWD which will cover Diemer's current and planned discharges
and will recover $285,890 of past sewer trunk line investment.
STAFF RECOMMENDATION:
That the Board of Directors approve execution of the Agreement for Extraterritorial Sewer Service
Between the Metropolitan Water District of Southern California and the Yorba Linda Water District.
COMMITTEE RECOMMENDATION:
The Planning-Engineering-Operations Committee considered this item at its August 5, 2010
meeting.
DISCUSSION:
The District has invested over $3 million in sewer trunk lines to support the northwesterly area of the
District. The District's policy is to recover a portion of the investment from all users that require
capacity in this system. Staff calculated that the Diemer Plant discharges will require 9% of the
capacity of the Bastanchury Trunk Sewer, 7% of the Wabash Trunk Sewer, and 12% of the Valley
View Trunk Sewer. In total, $265,890 of past sewer construction capacity (actual historical cost) is
now dedicated to the Diemer Plant operations discharge and is not available for other uses.
Accordingly, the capacity cost is included in the new agreement to be borne by MWD.
District staff negotiated a new agreement with MWD that addresses capital facility fee, monthly
service costs, effluent standards, pumping rates and times of discharge, metering requirements,
and legal issues. The new proposed agreement has been reviewed and approved by legal counsel
at both districts. A copy of the proposed agreement is attached for review.
PRIOR RELEVANT BOARD ACTION(S):
None.
ATTACHMENTS:
Name: Desic, f ipticn I ype:
Sewer Agreement Between YLWD and Metropolitan 7 22 2010
Sewer Agreement for MWD Diemer Plant Backup Material
L1 ].pdf
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
RC/JS 4-0
Director Hawkins was absent.
AGREEMENT FOR EXTRATERRITORIAL SEWER SERVICE
BETWEEN THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND THE
YORBA LINDA WATER DISTRICT
This Agreement ("Agreement") for extraterritorial sewer service is made and entered into
as of , 2010, by and between the METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA ("METROPOLITAN') and the YORBA LINDA WATER
DISTRICT ("YLWD") (METROPOLITAN and YLWD are sometimes herein referred to
collectively as "Parties" or individually as a "Party" to this Agreement).
RECITALS
A. YLWD owns and operates sewer pipelines as part of its water system.
B. METROPOLITAN owns and operates, as part of its water system, a facility
adjoining YLWD's service territory known as the Robert B. Diemer Filtration Plant (Diemer
Plant).
C. METROPOLITAN requires sanitary sewer service in order to facilitate its
operation of the Diemer Plant.
D. The Parties entered into an agreement that provided for an extraterritorial sewer
connection from the Diemer Plant to a YLWD sewer line at or near the intersection of Casa
Loma Street and Pacific Avenue on or about July 1, 1968 1968 Agreement").
E. The Parties now desire to enter into a new agreement for extraterritorial sewer
service to cover the connection set forth in the 1968 Agreement, as well as one additional
connection.
1
F. This Agreement supersedes any and all agreements between the Parties for
extraterritorial sewer service, including the 1968 Agreement.
NOW, THEREFORE, it is agreed between the Parties as follows:
AGREEMENT
1. COMPENSATION.
1.1 METROPOLITAN shall pay Sewer Maintenance Charges consistent with the
applicable Sewer Maintenance Charge adopted by YLWD's Board of Directors for Commercial,
Industrial and Public School customers, which is subject to change. In the event that YLWD's
Board of Directors changes the Sewer Maintenance Charge, METROPOLITAN shall pay the
new charge beginning the first month after adoption of the change. The current fee for
Commercial, Industrial and Public School customers, when metered, is $5.50 per month for the
first 1,100 cubic feet of effluent and $5.06 per month per 1,000 cubic feet of effluent in excess of
1,100.
1.2 YLWD shall assess, and METROPOLITAN shall pay, the standard service fee of
$1,957.00 for the connections covered by this Agreement. Payment under this Section 1.2 is due
and payable no later than thirty (30) days after receipt of an invoice from YLWD.
1.3 METROPOLITAN shall pay a sewer trunk capital facility fee of $265,890.00 in
lieu of the standard acreage fee. Payment under this Section 1.3 is due and payable no later than
thirty (30) days after receipt of an invoice from YLWD.
2. EFFLUENT STANDARDS.
All effluent must comply with all applicable Federal, State and local laws and regulations.
Specific effluent requirements are discussed in greater detail in Section 9.6.
3. PUMPING HOURS.
Pumping at Connection # 1 of 1) treated rainwater runoff effluent approved under a Class II
permit issued by Orange County Sanitation District ("OCSD") and 2) effluent approved under a
Special Discharge permit issued by OCSD shall occur only between the hours of 8 p.m. and 4
a.m., Pacific Time.
4. REPAIR AND MAINTENANCE OF CONNECTIONS AND PIPE.
METROPOLITAN shall be responsible for repairing and maintaining each connection and pipe
that is upstream of each connection. YLWD is authorized to, but not obligated to, access any of
2
the connections or pipes for repair and maintenance if METROPOLITAN fails to perform its
obligations under this Section 4. In the event YLWD undertakes such repair or maintenance of
the connections and/or pipes, YLWD is entitled to full reimbursement for all associated costs
from METROPOLITAN. YLWD shall be responsible for repair and maintenance of pipe which
is downstream of each connection.
5. [INTENTIONALLY OMITTED]
6. METERING.
6.1 All connections shall be equipped with a meter capable of measuring the flow of
effluent into the YLWD sewer system.
6.2 METROPOLITAN is responsible for all costs associated with the meters
including, but not limited to, the purchase of the metering equipment, the installation of the
metering equipment and the repair and maintenance of the metering equipment.
6.3 In the event METROPOLITAN fails to properly install and maintain metering
equipment, YLWD is authorized, but not obligated to, undertake these tasks. In the event
YLWD undertakes installation, repair or maintenance of the metering equipment, YLWD is
entitled to full reimbursement for all associated costs from METROPOLITAN.
6.4 METROPOLITAN shall take and record monthly readings on the meters on
connections through which effluent was discharged during the previous month.
6.5 On the last day of each month, an accounting of all effluent discharged into the
YLWD system shall be completed by METROPOLITAN and submitted to YLWD. The
accounting shall set forth the total amount of effluent discharged into the YLWD system, as well
as the amount of effluent discharged at each connection. The amount of effluent shall be
multiplied by the applicable Sewer Maintenance Charge set forth in Section 1.1 of this
Agreement.
6.6 No later than the end of each month YLWD shall submit an invoice for all sewer
charges incurred during the previous month to METROPOLITAN. METROPOLITAN shall pay
YLWD the full amount of the invoice within thirty (30) days of receipt of the invoice. All
amounts not paid within 30 days of the invoice shall be subject to interest at a rate of one percent
(1%) per month. All payments of Sewer Maintenance Charges shall be addressed to YLWD as
provided in Section 14.1 of this Agreement.
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6.7 In the event a portion of an invoice is disputed, the Parties agree that the entire
amount of the charge, including the disputed amount shall be paid when due. Upon the
determination of a correction to the original amount of the invoice, the amount of said correction
shall be refunded promptly after such determination with interest accrued at the rate of one
percent (1%) per month, computed from the date of payment to the date of refund.
6.8 YLWD shall be permitted to independently verify the meters at any time with
appropriate escort by METROPOLITAN to ensure safety and security of METROPOLITAN's
facility.
7. RECORDS CONCERNING FLOW DATA.
METROPOLITAN shall maintain accurate records and accounts of effluent discharged into the
YLWD system. Said records shall include total amounts of discharge, as well as laboratory data
of the discharge, at each connection for a period of three (3) years after the respective discharge.
Such records and accounts shall be subject to audit by YLWD or an independent accountant
selected by YLWD upon thirty (30) days advance written notice to METROPOLITAN. The
records shall be available during normal business hours, at METROPOLITAN's main place of
business. YLWD shall not release METROPOLITAN's records or disclose any information
contained therein without the express written consent of METROPOLITAN unless required to
do so pursuant to the California Public Records Act.
8. INDEMNITY.
To the fullest extent permitted by law, METROPOLITAN shall indemnify, defend and
hold YLWD, its directors, officers, consultants, employees, or authorized volunteers harmless
from and against any and all claims, expenses, damages, losses, liability or costs (including
reasonable attorneys' fees and costs of defense) arising from or related to METROPOLITAN's
performance (whether based on actual performance or alleged non-performance), except to the
extent resulting from the willful misconduct or active negligence of YLWD, its directors,
officers, consultants, employees, or authorized volunteers. METROPOLITAN's duties and
obligations under this Section 8 shall survive the termination of this Agreement.
9. CONNECTIONS.
This Agreement shall cover two sewer connections by METROPOLITAN to the YLWD system.
For the purpose of identification, these connections are referred to as Connection #1 and
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Connection #3. (Connection #2 is currently not planned to be used.)
9.1. Description and General Location
Connection #1: This is an existing connection from the Diemer Filtration Plant to the YLWD
system. It connects at or near the intersection of Casa Loma Street and Pacific Avenue in the
City of Yorba Linda.
Connection #3: This is a recent connection from new and existing facilities including the West
Filter Building, the Solids Handling Facility, the Vehicle Maintenance Center and Vehicle Wash
Rack, and the Guard Station at the Diemer Plant to the YLWD system. It connects at or near
Valley View Circle in the City of Yorba Linda.
9.2. Construction
Connection #1: This connection has already been constructed and is currently in operation.
Connection #3: This connection has already been constructed and is currently in operation.
9.3. Pipe Size and Type
Connection #1: 8-inch gravity flow sewer main.
Connection #3: 4-inch sewer force main.
9.4. [INTENTIONALLY OMITTED]
9.5. Maximum Flows
Connection #1: Maximum peak flow 45 gallons per minute. Total flows not to exceed 22,000
gallons per calendar day.
Connection #3: Maximum flow of 30 gallons per minute. Total flows not to exceed 43,000
gallons per calendar day.
In the event of an emergency that results in an unavoidable release to prevent loss of life,
personal injury, or severe property damage, METROPOLITAN shall immediately notify the
YLWD by telephone and METROPOLITAN shall implement any remedial measures required.
In the event that METROPOLITAN is unable to comply with any permit condition due to
a breakdown of equipment, accidents, or human error, METROPOLITAN shall immediately
notify the YLWD by telephone and METROPOLITAN shall implement any remedial measures
required.
Notwithstanding the above in this Section 9.5, METROPOLITAN's indemnification
obligations under Section 8 shall apply in the event of an emergency that results in an
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unavoidable release to prevent loss of life, personal injury, or severe property damage or if
METROPOLITAN is unable to comply with any permit condition due to a breakdown of
equipment, accidents, or human error.
9.6 Type of Effluent
All effluent for which METROPOLITAN has obtained a permit from the Orange County
Sanitation District. Percent solids not to exceed five percent (5%).
9.7. Discharge of Other Effluent
Unless and until METROPOLITAN obtains express written approval from YLWD, it shall not
discharge effluent different from that specified in Section 9.6 above, at the respective
connections.
9.8. Third Party Use of Connections
YLWD may allow others to connect to YLWD's system and shall not be obligated to make any
refund therefore; provided, however, that any such connection and service shall be subordinate to
METROPOLITAN's right to use the sewer to its full contracted capacity as provided in this
Agreement.
10. NECESSARY APPROVALS AND PERMITS.
10.1 METROPOLITAN shall obtain any and all necessary approvals and permits for
discharge of effluent and comply with all requirements of said approvals and permits.
10.2 The necessary approvals and permits referred to in Section 10.1 include, but are
not limited to, those required by the Orange County Sanitation District.
11. COMPLIANCE WITH LAWS.
METROPOLITAN warrants that it will comply with all Federal, State and local laws
governing the discharge of effluent. YLWD shall not be responsible either jointly or severally
for METROPOLITAN's failure to adhere to said standards.
12. TERM OF AGREEMENT.
This Agreement shall remain in effect unless and until either Party gives the other Party at least
one (1) year written notice.
13. LAW GOVERNING CONSTRUCTION OF TERMS.
This Agreement shall be governed by the laws of the State of California. If any portion of this
Agreement is held invalid under any applicable statute or rule of law, then only that portion shall
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be deemed invalid. All other portions shall remain valid.
14. NOTICES.
14.1. Any formal notice, demand or request provided for in this Agreement, or given or
made in connection with this Agreement, shall be in writing and shall be deemed to be properly
given or made if personally delivered or sent by registered mail, postage prepaid to the person
specified below:
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
Water Treatment Unit Manager
3972 Valley View Ave.
Yorba Linda, California 92886
YORBA LINDA WATER DISTRICT
P.O. Box 0309
Yorba Linda, California 92885
ATTN: General Manager
14.2. A Party may at any time, by written notice, change the designation or the address
of the person specified to receive notices pursuant to Section 14.1. This paragraph does not
apply to notices and requests of a routine nature. Such notices and requests shall be given in
such manner as the Single Point of Contact from time to time shall specify.
15. WAIVER.
15.1. No waiver or failure to exercise any right, option or privilege under the terms of
this Agreement on any particular occasion shall be construed to be a waiver of any other right,
option, or privilege on any other occasion.
16. ENTIRE AGREEMENT.
16.1. This document constitutes the entire Agreement between the Parties and
supersedes all oral or written representations or agreements which may have been entered into
between the Parties regarding the extraterritorial sewer service discussed herein. Specifically,
this Agreement supersedes the 1968 Agreement. No modification, revision or amendment to this
Agreement shall be of any force or effect, unless the same is in writing and executed by the
Parties hereto.
17. EFFECTIVE DATE AND AUTHORITY.
The effective date of this Agreement shall be the latest date of execution hereinafter set
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forth below.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
on a date hereinafter respectfully set forth.
METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
By:
Name: Jeff Kightlinger
Title: General Manager
Date:
YORBA LINDA WATER DISTRICT
BY:
Name: William R. Mills
Title: President
Date:
APPROVED AS TO FORM:
BY:
Karen L. Tachiki
General Counsel
Metropolitan Water District of Southern California
APPROVED AS TO FORM:
BY:
Arthur G. Kidman
McCormick, Kidman & Behrens, LLP
Counsel for Yorba Linda Water District
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ITEM NO. 7.4
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: N/A
To: Board of Directors
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: OCWD Memorandum of Understanding (MOU) for Annexation
SUMMARY:
On October 16, 2009, YLWD filed a formal request to annex territory to the Orange County Water
District. The City of Anaheim and the Irvine Ranch Water District also filed formal requests to annex
property in January and February 2010, respectively. The attached MOU is a cooperative, 3-party
agreement with OCWD.
STAFF RECOMMENDATION:
That the Board of Directors execute the MOU for annexation with OCWD.
COMMITTEE RECOMMENDATION:
The Executive-Administrative-Organizational Committee reviewed the annexation agreement at its
meetings held May 5, 2010 and July 20, 2010 and supports staff's recommendation.
DISCUSSION:
OCWD has determined that the three agencies requesting annexation satisfy their policy's criteria
for annexation. OCWD has determined that it will move this process to the next step with an MOU,
which establishes the terms, conditions and understandings governing the process for studying the
effects of the annexation and determining if the action will ultimately be recommended for approval
through the Local Area Formation Commission (LAFCO).
Under the terms of the MOU, YLWD shall pay forty-three percent (43%) of the consultant costs
necessary to prepare and process the CEQA documentation and the costs for any identified
mitigation measures. This percentage is based on a pro rata share of the estimated increase in total
water demands from all three agencies at ultimate build out within the annexing areas. The CEQA
Documentation will cover the proposed initiation, processing, approval and implementation of the
annexation of YLWD's, the City's and IRWD's territories.
Within thirty (30) days of executing the MOU, YLWD will be required to notify OCWD of the location,
proposed depth(s) and capacity of future groundwater production facilities. If no new groundwater
facilities are planned, OCWD requires the identity and planned increase in production levels for any
existing groundwater production facilities needed to support the territory YLWD wishes to annex.
Upon completion and certification or adoption of the CEQA Documentation, all four (4) parties
named in the MOU will prepare and consider approving and executing an annexation agreement
setting forth the direct financial obligations of each agency with respect to their annexation requests
and associated impacts. This obligation includes an annual annexation charge, as set forth in the
attached OCWD Resolution 86-2-15.
ATTACHMENTS:
Name: Description: Type:
OCWD Annexation MOU 072210.doc MOU Backup Material
Approved by the Board of Directors of the
Yorba Linda Water District
8/12/2010
JS/RC 4-0
Director Hawkins was absent.
MEMORANDUM OF UNDERSTANDING
BETWEEN ORANGE COUNTY WATER DISTRICT, CITY OF ANAHEIM, YORBA
LINDA WATER DISTRICT AND IRVINE RANCH WATER DISTRICT REGARDING
PROCESSING AND CONSIDERATION OF ANNEXATION REQUESTS AND
ASSOCIATED CEQA DOCUMENTATION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the
"MOU") is entered into as of this day of July 2010, by and between the ORANGE
COUNTY WATER DISTRICT, a special governmental district organized and existing
pursuant to the Orange County Water District Act, Chapter 924 of the California Statutes of
1933, as amended (hereinafter referred to as "OCWD"), the CITY OFANAHEIM, a charter
municipal corporation (hereinafter referred to as "City"), the YORBA LINDA WATER
DISTRICT, a special governmental district formed under the County Water District Law,
Water Code section 30000, et seq. (hereinafter referred to as "YLWD"), and the IRVINE
RANCH WATER DISTRICT, a special governmental district formed under the County
Water District Law, Water Code section 30000, et seq. (hereinafter referred to as "IRWD").
RECITALS
A. OCWD's Resolution No. 86-2-15 adopted on February 19, 1986, and
affirmed by Motion No. 99-107 set forth in the minutes of June 2, 1999, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this reference (the "Policy"),
provides for the annexation of territory that is within the boundaries of long-term producers
within OCWD, within the Santa Ana River Watershed and the boundaries of the
Metropolitan Water District of Southern California, subject to the payment of an annexation
fee calculated under a formula specified therein, for the purpose of providing uniformity of
cost and access throughout the lands within OCWD's jurisdictional boundaries.
B. By letter dated October 16, 2009, YLWD filed a formal request to annex
1
certain territory within the service boundaries of YLWD and depicted in Exhibit "B" hereto to
OCWD (such request is hereinafter referred to as the "YLWD Annexation Request," and
such territory is referred to as the "YLWD Territory"). By letter dated January 15, 2010, the
City filed a formal request to annex certain territory within its municipal boundaries, as
depicted in Exhibit "C" hereto, to OCWD (such request is hereinafter referred to as the "City
Annexation Request," and such territory is hereinafter referred to as the "City Territory").
By letter dated February 17, 2010, IRWD filed a formal request to annex certain territory
within its boundaries, as depicted in Exhibit "D" hereto, to OCWD (such request is
hereinafter referred to as the "IRWD Annexation Request," and such territory is hereinafter
referred to as the "IRWD Territory") (The YLWD Annexation Request, the IRWD Annexation
Request and the City Annexation Request are hereinafter collectively referred to as the
"Project").
C. OCWD has undertaken a preliminary review of the YLWD Annexation
Request, the IRWD Annexation Request, and the City Annexation Request and determined
that the YLWD Territory, IRWD Territory, and the City Territory each satisfies the Policy's
criteria for annexation of such territory to OCWD.
D. The parties mutually desire that OCWD process the YLWD Annexation
Request, the IRWD Annexation Request and the City Annexation Request, and setforth in
this MOU the terms, conditions and understandings governing the processing of the Project
and OCWD's consideration whether to initiate one or more annexations. Each of the
parties desires to reserve its respective discretion during the term of the MOU to decide
whether it desires to continue with the cooperative process as contemplated herein.
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E. The parties mutually agree that the Project constitutes a "project" for
purposes of the California Environmental Quality Act, Public Resources Code section
21000, et seq. ("CEQA") and they have determined that OCWD should be the CEQA lead
agency for the preparation, processing and certification of the document required under
CEQA for the Project ("CEQA Documentation"). YLWD, IRWD and City agree to pay the
consultant's costs necessary to prepare and process the CEQA Documentation and the
costs for any identified mitigation measures, as set forth in this MOU.
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the matters recited above and the
covenants, conditions and promises contained herein, the parties agree as follows:
SECTION 1: Intent.
The parties believe that undertaking the process provided for in this MOU will be in
the best interest of promoting consensus among the parties and other interested agencies
in accomplishing the planning and annexation activities described herein, but do not
hereby intend to relinquish any legal rights except to the extent expressly stated herein.
SECTION 2: Project Review.
2.1 Lead Agency. OCWD shall be the CEQA lead agency for the preparation,
processing and certification of CEQA Documentation, and for the consideration of initiation
of the City Territory, the IRWD Territory and the YLWD Territory to OCWD, as described in
this MOU.
3
2.2 Responsible Agency. The Project includes discretionary approvals by City,
IRWD and YLWD in addition to OCWD's consideration of the Project as the lead agency.
City, IRWD and YLWD shall be CEQA responsible agencies for the preparation, processing
and certification of the CEQA Documentation, as described in this MOU. As the lead
agency, OCWD shall contract with and manage consultants to prepare and process the
CEQA Documentation. OCWD shall consult with City, IRWD and YLWD and provide City,
IRWD and YLWD with an opportunity to review and provide input on each major
substantive step involving direction by OCWD to OCWD's consultants regarding the
Project, including, but not limited to, consultant and supporting technical consultant
selection; scoping; any partially-complete administrative review drafts required of a
consultant; screen check review drafts; draft responses to comments; draft mitigation
measures and monitoring plans; and draft findings.
2.3 Scope of Review. The parties intend that the CEQA Documentation shall
cover the proposed initiation, processing, approval and implementation of the annexation
of the YLWD Territory, IRWD Territory and the City Territory to OCWD, and shall be used by
other agencies in connection with their review and action on the Project, including but not
limited to the Orange County LocalAgency Formation Commission ("LAFCO") in the event
that proceedings are initiated to annex the YLWD Territory, IRWD Territory or the City
Territory to OCWD.
2.4 Milestone Schedule. The parties shall cooperate and use their best efforts to
prepare, process and consider certification or adoption of the CEQA Documentation in
accordance with the following schedule:
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Task Completion Date
Selection and retention of CEQA Documentation consultant September 2010
Transmit Notice of Preparation November 2010
Completion of screen check (administrative draft) CEQA April 2011
Documentation
Release of draft CEQA Documentation for public review: June 2011
Completion of responses to comments on draft CEQA August 2011
Documentation:
OCWD Board consideration of certification or adoption of CEQA September 2011
Documentation & Annexation Agreement:
SECTION 3: Responsibilities of Parties.
3.1 OCWD's Responsibilities.
3.1.1 OCWD will prepare the CEQA Documentation to evaluate the potential
environmental impacts of the Project comprising the annexation of the YLWD Territory,
IRWD Territory and the City Territory to OCWD in accordance with the YLWD Annexation
Request, IRWD Annexation Request and the City Annexation Request.
3.1.3 Technical Assistance. At no cost to City, IRWD and YLWD other than
as set forth in this MOU, OCWD will provide technical assistance requested by City, IRWD
and YLWD (including groundwater modeling) to support OCWD's processing of the CEQA
Documentation and the Project, and City, IRWD and YLWD's CEQAclearance on their own
future production facilities if any, to serve their respective territories covered by the Project.
Depending upon the environmental assessment of City, YLWD and IRWD's future
groundwater production facilities, City, YLWD and IRWD will determine their appropriate
CEQA documentation, which may employ tiering from OCWD's CEQA documentation for
the Project, and may rely upon OCWD's CEQA documentation for any of the analysis
therein.
5
3.2 City, IRWD and YLWD Responsibilities.
3.2.1. Within 30 days of the effective date of this MOU, the City, IRWD and
YLWD will notify OCWD of the location, proposed depth(s) and capacity of future
groundwater production facilities (or, if no new groundwater production facilities are
planned, the identity and planned production level of any existing groundwater production
facilities) to support, respectively, the City Territory, the IRWD Territory and the YLWD
Territory.
3.2.2. At no cost to OCWD other than as set forth in this MOU, City, IRWD
and YLWD will cooperate with OCWD in any data collection relating to City, IRWD and
YLWD's respective future groundwater production needs, that OCWD may reasonably
determine as necessary for the preparation and processing of the CEQA Documentation.
SECTION 4: Costs.
4.1 CEQA Documentation. The cost of preparing, processing and certifying or
adopting the CEQA Documentation, for purposes of this Section, shall be the direct cost
(fees and out of pocket expenses) incurred by OCWD in retaining consultants to prepare
the documents and supporting technical studies, responses to comments, attendance at
meetings, and related activities normally associated with the preparation, processing and
certification of CEQA documentation. (Collectively, "Consultant Costs"). City, IRWD and
YLWD agree that OCWD shall not be responsible for any of the Consultant Costs; and City,
IRWD and YLWD agree to pay their respective percentage of the Consultant Costs as
shown below which is based upon the estimated ultimate total water demands from the
City Territory, IRWD Territory and the YLWD territory (the "Allocation"):
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Agency Ultimate Water Cost
Demands Share
City 2,470 afy 16%
IRWD 6,130 afy 41%
YLWD 6,500 afy 43%
Totals 15,100 afy 100%
OCWD shall transmit Consultant Cost invoices to City, IRWD and YLWD on a quarterly
basis. City, IRWD and YLWD shall each pay its share of each such invoice to OCWD,
based upon the Allocation, within 30 days of the date of receipt of such invoice from
OCWD. OCWD, City, IRWD and YLWD shall each bear its own staff, administrative,
overhead, legal and other costs incurred in preparing or supporting the preparation,
processing and certification of the CEQA Documentation.
4.2 CEQA Mitigation Cost. City, IRWD and YLWD shall be solely responsible for
funding or implementing any and all mitigation measures identified by the CEQA
Documentation certified or adopted by OCWD, based upon the Allocation, (unless
mitigation measures can be individually identified and assigned by joint agreement of City,
IRWD and YLWD), or unless City, IRWD and/or YLWD decides to terminate this MOU in
accordance with Section 7.
SECTION 5: Indemnification.
5.1 Legal Challenge to CEQA Document Preparation. City, IRWD and YLWD
shall each defend (with counsel approved by OCWD), indemnify and hold OCWD harmless
from any costs or liabilities, including attorneys' and consultants' fees, incurred by OCWD
in connection with (i) any legal challenge to the adequacy or validity of the CEQA
Documentation, OCWD's certification or adoption of the CEQA Documentation and any
7
associated findings by OCWD, or OCWD's actions with respect to initiating annexation to
OCWD of the YLWD Territory, IRWD Territory and/or the City Territory, (ii) any appeals filed
against OCWD regarding the matters described in clause (i) above, and (iii) preparing,
processing and certifying any subsequent or supplemental CEQA Documentation in
response to orders or other judicial determinations issued in the matters described in
clause (i) above (collectively, "Challenges") based upon the Allocation set forth in Section
4.1. Notwithstanding the foregoing, if City, IRWD and YLWD jointly agree based upon the
allegations in the Challenge that any Challenge is specifically directed against any
individual party, but not all three of the City, IRWD or YLWD , then that party or those two
parties shall be solely responsible for all of the costs and liabilities relating to that
Challenge.
5.2 Assistance and Cooperation in Litigation. City, IRWD and YLWD shall
cooperate and provide any assistance reasonably requested by OCWD or another party in
defending against a Challenge. Nothing in this MOU precludes City, IRWD and/orYLWD,
at its own cost, either from defending its interests in any Challenge to which City, IRWD
and/orYLWD is/are joined, or from intervening in a Challenge to defend its interests. In the
event that City, IRWD and/orYLWD directly participate in a Challenge, OCWD, City, IRWD
and/orYLWD shall cooperate in good faith with each other in the defense of the Challenge.
5.3 Survival of Indemnity Obligations: The provisions of this Section 5 shall
survive the expiration or earlier termination of this MOU.
SECTION 6: Processing the Project
6.1 Annexation Agreement. Upon completion and certification or adoption of the
CEQA Documentation, OCWD, City, IRWD and YLWD shall prepare and consider
approving and executing an annexation agreement based upon the terms and conditions
listed in Exhibit E, "Annexation Agreement Terms". Exhibit E sets forth the proposed
substantive terms and conditions and direct financial obligations of the City, IRWD and
YLWD to be imposed in connection with the City Annexation Request, the IRWD
Annexation Request and the YLWD Annexation Request, respectively. The parties
acknowledge OCWD's right to include additional terms and conditions in the Annexation
Agreement considered by the OCWD, the City, YLWD and IRWD as a result of the process
for reviewing annexation requests as set forth in this MOU.
6.2 Annexation Terms. It is the intent of the parties to reach agreement as to the
Annexation Agreement Terms, to be set forth in a resolution of application to be considered
and adopted by OCWD and filed with LAFCO to initiate proceedings to annex the YLWD
Territory, IRWD Territory and the City Territory.
6.3 Parties' Discretion. Notwithstanding any other provision of this MOU, each
party retains the full right and discretion whether (a) to certify or adopt the CEQA
Documentation, (b) to approve the Annexation Agreement, (c) to agree to the Annexation
Agreement Terms, or (d) to initiate (or support the initiation of) the annexation of either the
YLWD Territory, IRWD Territory or the City Territory to OCWD.SECTION 7: Term and
Termination of MOU.
7.1 Term. This MOU shall continue and remain in effect until the earlier of (a) the
filing by OCWD of an application with LAFCO for the annexation of the YLWD Territory,
IRWD Territory and the City Territory to OCWD, or (b) December 31, 2015.
7.2 Termination. If any party desires to terminate the MOU, it may do so by
giving thirty (30) days written notice thereof to each of the other parties. Notice of
termination will be effective at the conclusion of such 30 days; provided, however, that City,
IRWD and YLWD shall remain responsible for their Challenges Costs (Per Section 5.1)
incurred through the effective date of termination or for which that party is responsible.
Should City, IRWD orYLWD decide to terminate the MOU, the remaining (non-terminating)
party(ies) and OCWD shall meet and confer and jointly determine if the Project
contemplated with this MOU should continue and, if so, process an amendment to this
MOU or a new memorandum of understanding. Upon termination by a party or parties, the
Allocation of Consultant Costs for the remaining party(ies) would proportionally increase
based upon the remaining parties (other than OCWD) under this scenario according to
Section 4.1. If there are CEQA mitigation measures to be funded or implemented by the
terminating party which, if not taken, will impact the CEQA certification, such terminating
party shall jointly meet with the non-terminating parties to reach an agreement about the
costs to be borne by the terminating party to prepare amended or modified CEQA
documentation resulting from such party's decision to terminate the MOU without adopting
of funding the mitigation measures.
SECTION 8: Notice.
Any notice or other written instrument required or permitted by this MOU to be given to
any party shall be deemed received when personally delivered or twenty-four (24) hours
after being deposited in the U.S. Mail, postage prepaid, registered or certified and
addressed as follows:
OCWD: Orange County Water District
18700 Ward Street
P.O. Box 8300
Fountain Valley, California 92728-8300
Attn: General Manager
YLWD: Yorba Linda Water District
General Manager
P.O. Box 309
Yorba Linda, California 92885-0309
CITY City of Anaheim Public Utilities General Manager
201 South Anaheim Blvd., Suite 1101
Anaheim CA 92805
IRWD Irvine Ranch Water District
General Manager
PO Box 57000
Irvine CA 92619-7000
SECTION 9: MISCELLANEOUS
9.1 Construction and Interpretation. This MOU shall be governed by the laws
of the State of California, and construed as if drafted jointly by OCWD, City, IRWD and
YLWD.
9.2 Entire Agreement; Amendment. This MOU represents the entire
understanding of OCWD, City, IRWD and YLWD as to those matters
contained herein, and no prior oral or written understanding shall be of
any force or effect with respect to those matters covered by this MOU.
This MOU may not be modified, altered or amended except in writing
signed by OCWD, City, IRWD and YLWD.
9.3 If, after the signing of this MOU, OCWD enters into any MOU regarding
annexations that contains terms more favorable to another party than the
terms of this MOU, then the General Manager of OCWD and the City,
IRWD and YLWD, or their respective designees, shall execute a letter
amendment to this MOU documenting the incorporation or substitution
(as the case may be) into this MOU of the other MOU's more favorable
terms, including elimination of unfavorable terms that are absent from
other MOU, without the need for any further approval by the governing
bodies of OCWD and City, IRWD AND YLWD.
IN WITNESS WHEREOF, the parties hereto have executed this MOU on the day and year
first hereinabove written.
ORANGE COUNTY WATER DISTRICT
By
Board President
By
General Manager
APPROVED AS TO FORM:
General Counsel - OCWD
YORBA LINDA WATER DISTRICT
By:
Board President
By:
General Manager
APPROVED AS TO FORM:
General Counsel - YLWD
CITY OF ANAHEIM
By:
Marcie L. Edwards Public Utilities GM
ATTEST: CITY CLERK
By:
Linda N. Andal, City Clerk
APPROVED AS TO FORM
CRISTINA L. TALLEY, CITYATTORNEY
Alison M. Kott, Assistant City Attorney
IRVINE RANCH WATER DISTRICT
By:
Board President
By:
General Manager
APPROVED AS TO FORM:
General Counsel - IRWD
Exhibit A
RESOLUTION NO. 86-2-15
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY WATER DISTRICT
ADOPTING POLICY REGARDING ANNEXATIONS TO THE DISTRICT
WHEREAS, by Resolution No. 85-2-17, this Board adopted its policy regarding
annexations to the District; and
WHEREAS, the Board of Directors desires to amend its policy on such annexations;
NOW, THEREFORE, the Board of Directors of the Orange County Water District does
hereby resolve as follows:
Section 1: It shall be the policy of the Orange County Water District to accommodate
the long-term producers within the District's groundwater management programs and
provide uniformity of cost of and access to groundwater throughout the District by
consenting to requests for annexation of areas within the Orange County portion of the
Santa Ana River watershed, provided that the annexing territory is within the boundaries
of The Metropolitan Water District of Southern California.
Section 2: Prior to annexation, an agreement shall be entered into between the District
and the applicable water purveying agency providing for payment to the District of an
annual annexation charge calculated by the following formula:
X=AxBxCxE
D
Where X = Annexation Charge
A = Current year's Basin Production Percentage
B = Current year's total water demand within annexed territory or 10% of
ultimate annual total water demand within annexed territory,
whichever is greater
C = Current year's ad valorem income
D - Current year's total groundwater production
E - Applicable percentage (determined from following table):
% Groundwater Used
Within Service Area
of Annexing Purveyor Applicable
0.0 - 5.99 10%
6.0 - 9.99 16%
10.0 - 14.99 25%
15.0 - 19.99 30%
20.0 - 24.99 40%
25.0 - 29.99 48%
30.0 - 34.99 55%
35.0 - 39.99 64%
40.0 - 44.99 72%
45.0 - 49.00 80%
50.0 - 100.0 100%
0
Section 3: Said agreement shall provide for the payment of annexation processing
costs as follows: The water purveying agency shall be solely responsible for: a) all
direct costs and fees imposed or required by any governmental body or agency having
jurisdiction over the processing and completion of the annexation of the subject territory
to OCWD; and b) preparing any legal descriptions, boundary surveys or maps required
for the processing and completion of such annexation.
Section 4: The staff of the District is authorized and directed to draft pre-annexation
agreements with entities which have requested annexation to the District and which
meet the above-described criteria.
Section 5: Resolution No. 85-2-17 is rescinded.
Exhibit B
YLWD Annexation Request
Exhibit C
City Annexation Request
Exhibit D
IRWD Annexation Request
Exhibit E
Proposed Annexation Agreement Terms
1. City, IRWD and YLWD agree to prepare legal descriptions of their respective annexation
areas.
2. City, IRWD and YLWD each agree to pay the annual OCWD annexation fee as calculated
in Exhibit A with respect to the City Territory, IRWD Territory and the YLWD Territory,
assuming LAFCO approves the annexation requests. Total water demands used in the
annexation fee formula are net of reclaimed water demands.
3. If the parties enter into the Annexation Agreement, OCWD shall submit an annexation
application to LAFCO. City, IRWD and YLWD shall jointly submit supporting resolutions to
LAFCO.
4. Because OCWD may lose all or a portion of its property tax revenue in the future, Item "C"
in the annexation formula in Exhibit A will be the higher of $19.0 million (The current
FY2008-09 property tax revenues) or the actual property tax revenues collected. This
provision of the agreement shall terminate 56 years after the date of the Annexation
Agreement.
5. City, IRWD and YLWD shall be responsible for all costs and fees based upon the
Allocation formula imposed by LAFCO to consider their annexations, and OCWD shall
have no responsibility for such costs.
6. City, IRWD and YLWD shall each be responsible for funding or implementing the
applicable mitigation measures adopted in connection with the certification or adoption of
the CEQA Documentation and the approval of the Project.
7. If City, IRWD and/or YLWD are unable to develop additional groundwater production
capacity to serve the annexation areas within five years from the date of the Annexation
Agreement, they can elect in their sole discretion to terminate the annual annexation
charge payment. The annexation area water demands would then be excluded from the
annual BPP/BEA calculation.
8. (For YLWD Annexation Agreement only.) In partial consideration of and if, and only if, the
proposed YLWD Annexation request is completed, YLWD, hereby both: (a) releases and
covenants not to sue OCWD from or for any claim, liability or obligation to YLWD (i) on its
own behalf, or (ii) under the authority of Water Code section 31081 or any other authority,
on behalf of any lands within its boundaries, which claim, liability or obligation is based
upon, arises from or is in any way related to the "Agreement" dated February 18, 1970,
between OCWD and Ernest A. Bryant Jr., and others relating to water and water rights
affecting certain lands now within the boundaries of YLWD and included in the YLWD
Annexation Request (the "Bryant Ranch Agreement"), and (b), waives and disclaims any
right, title and interest, including but not limited water rights or any right to water, that
YLWD (i) on its own behalf, or (ii) under authority of Water Code section 31081 or any
other authority, on behalf of any lands within its boundary, may have or claim based upon
or in any way relating to the Bryant Ranch Agreement.
ITEM NO. 7.5
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: Yes
To: Board of Directors
Funding Source: All Funds
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Ken Vecchiarelli, General CEQA Compliance: N/A
Manager
Subject: General Manager's Employment Contract
SUMMARY:
The General Manager serves at the will of the Board of Directors. The Board appointed Kenneth
Vecchiarelli to the General Manager position on December 23, 2008, shortly after the Freeway
Complex Fires struck the Yorba Linda community and one week before the prior General Manager's
planned retirement date. Currently, Mr. Vecchiarelli is serving in his capacity under a verbal
agreement and has prepared the attached written agreement for the Board's consideration
documenting employment terms moving forward.
STAFF RECOMMENDATION:
That the Board of Directors approve the General Manager's Employment Contract.
COMMITTEE RECOMMENDATION:
The terms of the General Manager's contract were discussed with and an Ad hoc Committee of the
Board in 2009 and most recently at the Executive-Administrative-Organizational Committee at their
meeting on July 20, 2010.
DISCUSSION:
The General Manager is responsible for the day-to-day operations and adminstration of the District.
The General Manager provides leadership and direction to the District staff and insures the policies,
goals and objectives of the Board are carried out. The position is responsible for overseeing the
preparation and implementation of an annual operating and capital outlay budget of $46M, utilizing
a full time staff of 76 employees.
The terms of the employment agreement with the General Manager include base salary, health and
medical benefits, retirement benefits, vacation, holidays and other personal time off, reimbursement
for professional development, a vehicle allowance and severance. These components make up the
total compensation package, which are consistent and equivalent with the terms and benefits
provided for the management group with just a few exceptions as noted.
ATTACHMENTS:
Name: Description: Type:
GM Contract 2010.docx GM Contract Backup Material
EMPLOYMENT AGREEMENT
FOR POSITION OF GENERAL MANAGER
This Employment Agreement (Agreement) is made by and between the Yorba Linda
Water District (District), a County water district created and operating pursuant to the
provisions of Division 12 commencing with Section 30000 of the Water Code of the State
of California, acting by and through its Board of Directors (Board), and its current General
Manager, Kenneth R. Vecchiarelli (Vecchiarelli or General Manager).
RECITALS
A. District is responsible for the construction, operation and maintenance of a
potable water delivery system which provides service to residential, municipal,
commercial, industrial and agricultural customers located within its sphere of
influence. In addition, the District is responsible for the construction, operation
and maintenance of a sewerage collection system which also serves residential,
municipal, commercial and industrial customers within its sphere of influence.
B. In order for the District to insure that its responsibilities to the health and safety of
the pubic are met at all times, District must attract and retain in its employ a
General Manager, who exhibits a high degree of knowledge, experience,
technical ability, professionalism, and qualities of leadership necessary to meet
District objectives.
C. Vecchiarelli assumed the duties of the General Manager by Board authorization
and appointment on December 23, 2008, and is willing to continue to serve in this
capacity upon such terms and conditions as set forth herein.
D. The Board desires assurance of the continued association and services of
Vecchiarelli in order to retain his knowledge, skills and abilities, and therefore
desires to retain his services as General Manager based upon the terms and
conditions set forth herein.
1
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
promises set forth herein, the parties agree as follows:
1. Term of Employment. The Board hereby agrees to continue to employ
Vecchiarelli, and Vecchiarelli agrees to continue to serve as General Manager of
the District. The term of this Agreement shall be to and including December 31,
2013, and shall be renewable upon mutual agreement of the parties. Each year,
on or before February 12 (Anniversary Date) the Board will review the performance
of the General Manager for consideration of an equitable merit increase and/or
performance bonus.
2. Duties and Obligations of Employee. Vecchiarelli shall continue to serve as the
General Manager of the District. In that capacity, Vecchiarelli shall faithfully
discharge the duties as set forth in the California Water Code, the District's most
recently adopted Rules and Regulations for Water and Sewer Service, and the
most recently adopted Rules and Regulations, Policies, Resolutions and
Ordinances of the Board. Vecchiarelli's duties shall be as set forth in the District
approved job description for General Manager, and shall include, among other
things, overseeing the administration, operation and construction activities of the
District, and such other duties and responsibilities as may be delegated or
prescribed from time to time by the Board. Precise duties, responsibilities and
services of General Manager may be extended or curtailed from time to time at the
direction of the Board of Directors. Vecchiarelli shall devote his full time labor and
attention to District employment during the term of this Agreement; provided,
however, that he may use reasonable time for professional development,
education, charitable and professional activities which do not materially interfere
with the services required under this Agreement.
3. Employee Compensation. Vecchiarelli shall be paid an annual base salary in the
amount of one hundred sixty thousand, one hundred forty dollars ($160,140),
2
payable in twenty-six equal bi-weekly installments. When only a portion of a year is
served, compensation shall be prorated. It is expressly understood that
Vecchiarelli's salary shall be reviewed in February of each Budget year, with the
expectation that General Manager's salary will be adjusted in order to reflect a
competitive compensation rate consistent with General Manager's performance of
District duties and responsibilities; provided however, that such salary adjustment
shall not reduce General Manager's salary below the amount provided for herein.
In addition to salary, District shall provide General Manager with the same fringe
benefits relating to retirement, group health, dental, vision, life insurance,
disability, EAP and deferred compensation options, as specified in the most
recently adopted Personnel Rules and Regulations and in the most recently
approved Employee Compensation Letter and Pay Plan for Management
Employees, each as modified from time to time and as adopted or approved by the
Board. These benefits shall take effect at the same time and in the same manner
as for all other employees. General Manager shall be entitled to holidays, vacation,
sick leave and compensatory time off, as established from time to time by the
District's Personnel Rules and Regulations and the Employee Compensation
Letter and Pay Plan for Management Employees, each as modified from time to
time and as adopted or approved by the Board.
4. Automobile Reimbursement. It is expected that General Manager will be required
to use his own vehicle in connection with his duties and responsibilities, including
being available 24 hours per day when practical to respond to emergency
situations. As reimbursement for automobile expenses, General Manager shall be
paid $550 per month payable in monthly installments. When only a portion of a
month is served, reimbursement shall be prorated. It is expressly understood that
this reimbursement shall be reviewed in February of each Budget year, with the
expectation that it will be adjusted in order to reflect a competitive compensation
rate; provided however, that such adjustment shall not reduce the reimbursement
below the amount provided for herein. Alternatively, Mr. Vecchiarelli may continue
to use a District vehicle for work related purposes and for the purposes of
3
commuting to and from work in lieu of the aforementioned automobile
reimbursement.
5. Reimbursement for Professional and Civic Affiliations, Professional Development
and Continued Education.
(a) Professional and Civic Affiliations and Professional Development.
(i) Subject to the Board's discretion to adopt and amend the
budget, District agrees to pay for professional dues and
subscriptions on behalf of General Manager which are
reasonably necessary, as determined by the Board, for the
General Manager's continuation and full participation in
national, regional, state or local associations and
organizations necessary and desirable for General Manager's
continued professional participation, growth and
advancement, or for the good of the District. Furthermore,
District shall pay for any additional professional dues and
subscriptions as may be approved by the Board from time to
time. District further recognizes that certain expenses of a
non-personal and generally job-affiliated nature may be
incurred by the General Manager, including participation in
civic and other local organizations, and hereby agrees to
reimburse or pay said general expenses.
(ii) Subject to the Board's discretion to adopt and amend the
budget, District agrees to pay the travel and subsistence
expenses of General Manager for official travel, meetings and
events reasonably necessary to continue the professional
development of General Manager and reasonably necessary
to fulfill official and other functions for the District, all as
4
determined to be reasonable and necessary by the Board.
Such meetings and events may include, but are not limited to,
the annual and semi-annual conferences of the Association of
California Water Agencies, the American Water Works
Association, the American Society of Civil Engineers, and
other national, regional, state and local conferences of
governmental groups and committees in which General
Manager may participate from time to time.
(b) Continued Education. The District agrees to reimburse General
Manager for all costs associated with continuation education credits,
courses and the pursuit of an advanced degree or degrees, if and when
such costs are approved in advance by the Board.
6. Other General Expenses. Subject to the Board's discretion to adopt and amend
the budget, the Finance Director (or other designated employee) is hereby
authorized to disburse funds as needed to fulfill all provisions of this Agreement
upon receipt of duly executed timesheets, expense or petty cash vouchers,
receipts, statements or personal affidavits. The District shall continue to bear the
full cost of any fidelity or other bonds required of General Manager under any law
or ordinance.
7. Performance Evaluation
(a) The Board and General Manager may annually define such goals and
objectives for the District which they determine necessary for the proper
operation of the District in the attainment of the Board's policy
objectives, and the Board and General Manager may further establish a
priority among those various goals and objectives to be reduced to
writing. The process of considering the establishment and priority of
goals and objectives of the District shall be conducted and completed
5
generally in February of each year. However, within sixty (60) days of
the Effective Date the Board shall define goals and objectives, put them
in writing and they shall be deemed to be Exhibit "B" to this Agreement
("Goals and Objectives").
(b) The Board, following informal and nonbinding consultation with General
Manager, shall periodically establish goals and objectives regarding the
performance of General Manager. The Board shall review and evaluate
the performance of the General Manager at least once annually.
Notwithstanding any term or provision of this Agreement to the contrary,
General Manager shall serve at the will and pleasure of the Board, and
the Board shall be entitled to terminate the employment of General
Manager without cause.
(c) In recognition of the accomplishment of the Goals and Objectives and
excellent performance, a one-time performance bonus may be granted
to General Manager by the Board. Nothing herein shall be deemed to
change the "at will" employment status of General Manager. In no event
shall a bonus be granted by the Board unless within sixty (60) days of
each Anniversary Date the General Manager and Board approve written
Goals and Objectives as provided in this section above. Any
performance bonus granted pursuant to this Section shall not increase
Manager's base salary set forth in Section 3 of this Agreement.
8. Termination of Agreement. Board may terminate this Agreement without cause by
giving General Manager one hundred eighty (180) days written notice; provided,
however, that in the event General Manager willfully breaches any of his duties
and responsibilities or District rules and regulations, or commits any act involving
moral turpitude which could bring District into disrepute or is unable to perform the
duties as described herein, this Agreement may be immediately terminated by the
Board of Directors by action taken at a duly-convened meeting. In the event that
6
the Board has not given notice of termination, General Manager may terminate this
Agreement upon ninety (90) days written notice to the District.
9. General Provisions.
a. Any notice required to be given to District under this Agreement shall be
addressed to the President of the Board of Directors as follows:
Personal and Confidential
Yorba Linda Water District
P.O. Box 309
Yorba Linda, CA 92885-0309
Any notice required to be given to General Manager under this Agreement shall
be addressed to him at his last known address as reflected in the District's
personnel records.
b. If any provisions of this Agreement are held by a court of competent jurisdiction
to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force and effect without being impaired or
invalidated in any way.
c. This agreement shall be deemed to include any terms or conditions required by
law.
d. This Agreement may be amended in writing at any time by mutual agreement of
the parties hereto.
e. This contract becomes effective August 12, 2010.
7
YORBA LINDA WATER DISTRICT GENERAL MANAGER
William R. Mills, President Kenneth R. Vecchiarelli, General Manager
Date: Date:
8
ITEM NO. 8.1
AGENDA REPORT
Meeting Date: August 12, 2010 Budgeted: N/A
To: Board of Directors
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: Yes
Prepared By: Pat Grady, Assistant General CEQA Compliance: N/A
Manager
Subject: Draft Public Sewer Transfer Agreement
SUMMARY:
Attached for the Board's review and discussion is a draft Public Sewer Transfer Agreement. This
agreement is the result of discussions between the District and the City of Yorba Linda regarding
the transfer of ownership and maintenance responsibilities of the City-owned sewer system to the
District. At their meeting on July 20, 2010, the Yorba Linda City Council requested that the District
draft the initial agreement to facilitate the transfer of the east end sewer system.
STAFF RECOMMENDATION:
That the Board of Directors provide comments and feedback to staff regarding the Draft Public
Sewer Transfer Agreement.
COMMITTEE RECOMMENDATION:
Discussion of this item will continue at the next Executive-Administrative-Organizational Committee
meeting scheduled for August 17, 2010.
DISCUSSION:
In mid-2009, discussions began between the District and the City of Yorba Linda regarding the
potential transfer of the assets and maintenance responsibility of the City-owned sewer system to
the District. In January 2010, the Board of Directors went on record and notified the City Council of
the District's willingness to accept and maintain the facilities and to continue uninterruptible sewer
service to the residents on the east end should the Council desire to make the transfer.
In May 2010, District staff made a presentation to the City Council regarding the District's history
and role in providing services to the community and discussed the benefits the Yorba Linda
residents would realize if the City transferred the sewer system to the District. Additionally, the
transition process was discussed should the City Council decide to initiate the transfer.
On July 20, 2010, the Yorba Linda City Council conducted a Proposition 218 hearing and voted to
adopt sewer rates for FY 2010/11 through FY 2014/15 based on the recommendations of a
Wastewater Rate Study conducted by their consultant PBSJ. The City Council then voted further to
set a lower rate for the first fiscal year, equivalent to $5.50 per month for single-family residential
class customers (equivalent to the District's charges) and to adjust rates for all other classes
proportionately. Additionally, discussions took place regarding the possible transfer of the City's
sewer facilities to the District, with Mayor Anderson suggesting city staff contact the District to see if
we would be willing to begin drafting an asset transfer agreement.
As a result of these activities and communications, staff and District's legal counsel jointly drafted
the attached Public Sewer System Transfer Agreement, which addresses the primary issues to
facilitate a seamless transition. The draft agreement has also been provided to the City for their
initial review. It is important to note, however, that this agreement is subject to modification and
contingent upon negotiations and discussions to take place between both parties.
In summary format, highlights of the agreement include the following:
. The effective date of the sewer asset transfer is scheduled to occur by October 1, 2010.
. In addition to the transfer of the sewer facilities, other transfers includes: easements, permits
and sewer inventory items.
. Portions of the "Agreement for the Provision of Water and Sewer Services" between the City
of Yorba Linda and the Yorba Linda Water District, dated October 3, 1977 remain in effect.
. The City will provide the District with: accounting records related to the sewer, all existing
sewer related funds, maintenance records, as-built maps, documents related to compliance
with the FOG (Fats, Oils and Grease) program, industrial waste permits, and documentation of
pending or potential claims or litigation.
. The City will ensure that the sewer facilities are clear and free of any liens or encumbrances.
. The City agrees to provide the District with all sewer maintenance revenue received through
the property tax rolls on a monthly basis.
. The City agrees to fund the replacement of the Greencrest sewer lift station.
. The District agrees to facilitate the replacement of the Greencrest sewer lift station.
. The City agrees to authorize PBSJ to release any information to the District regarding the
preparation of the rate study.
. The City agrees to support YLWD representation on the Orange County Sanitation District
Board of Directors.
. The City agrees to support and assist the District with any regulatory or jurisdictional
requirements as a result of the transfer.
. The City agrees to provide Code Enforcement services, on behalf of the District, for FOG
program compliance with such services reimbursable by the District and by separate
agreement.
. The District will assume all accounts payable accounts accrued after the date of the transfer.
. The District will assume certain contracts currently in effect and as negotiated by the District
and the City.
At this time, the draft agreement does not contain the referenced exhibits as both staffs will be
working together to research and compile these items.
Should both the District Board and the City Council finalize and approve the agreement by the
month of September 2010, it is anticipated the transaction would be finalized by October 1, 2010.
The absence of LAFCO approval provides both the District and City the opportunity for a prompt
transaction.
Since the sewer maintenance rates for FY 2010/11 were approved by the City Council during the
Proposition 218 hearing, no changes will be recommended by staff for FY 2010/11 should the
transfer take place. However, staff will be recommending that a supplemental rate analysis be
completed to re-evaluate the rates adopted by the City beyond FY 2011/12 due to potential
economies of scale. Staff anticipates this analysis will be completed in-house and in conjunction
with the water rate study currently in progress.
With the transfer of the sewer facilities, staff anticipates that the ongoing maintenance of the
acquired facilities will require an additional two-person sewer crew and one additional vactor sewer
truck. This will ensure that the maintenance schedule of the west end sewer system is not
compromised and that the maintenance schedules throughout the entire sewer service area (east
and west) of the District is completed in a uniform manner.
PRIOR RELEVANT BOARD ACTION(S):
In January 2010, the Board of Directors expressed its willingness to accept and maintain the east
end City owned sewer facilities and notified the City Council of its action.
ATTACHMENTS:
Name: Doscdpticrt: u ype:
ASSET _TRANSFER _AGREEMENT 8-5-2010~pdf Draft Agreement Backup Material
Version 3: 81512010
PUBLIC SEWER SYSTEM TRANSFER AGREEMENT
THIS PUBLIC SEWER TRANSFER AGREEMENT ("Agreement") is made and
entered into on , 2010, by and between the YORBA LINDA WATER
DISTRICT, a local public agency, created and operating under authority of Division 12 of the
California Water Code ("District"), and the CITY OF YORBA LINDA, a municipal
corporation organized and existing under Title 4, Section 34000 et seq. of the California
Government Code ("City") (collectively referred to herein as the "Parties").
RECITALS
WHEREAS, both the District and City have the legal power and authority to provide both water
and sewer services to the lands and inhabitants within their respective boundaries. The purpose
of this Agreement is to further strengthen a stable and compatible working relationship between
the Parties with the goal of consolidating sewer service under one agency to maximize
efficiencies for the overall benefit and enjoyment of the residents, businesses and other
stakeholders ("Service Beneficiaries") of the Yorba Linda area; and
WHEREAS, the District currently provides sewer service to approximately two thirds of the
residents and businesses connected to the public sewer system within the City limits. The
District provides water service to all areas within the City, with the exception of a small portion
known as the Locke Ranch area, which is served by an investor-owned public utility. The
District provides sewer service to the Locke Ranch area and water service to portions of the
Cities of Anaheim, Brea, Placentia, and to a portion of an unincorporated County of Orange
territory; and
WHEREAS, Pursuant to the "Agreement for the Provision of Water and Sewer Services", dated
October 3, 1977, the City currently provides sewer service to the East Yorba Linda Area
(approximately 6,100 services), which generally extends easterly of Pasco De Las Palomas
between San Antonio Road on the north and Esperanza Road on the south. Additionally, the
District provides sewer service to the West End Yorba Linda Area (approximately 15,000
services) along with a portion owned by the City (approximately 3,000 services) generally
located easterly of Fairmont Blvd and westerly of San Antonio Road, with Fairmont to the north,
and Esperanza to the south; and
WHEREAS, the governing bodies of the District and the City have determined that it would be
in the best interest of their Service Beneficiaries for District to acquire the sewer collection
system ("Sewer Collection Facilities") currently owned by the City; and
WHEREAS, the City desires to transfer and assign to the District, at no cost to District, the
Sewer Collection Facilities, and the associated parcels of real property, easement rights and other
associated assets on the terms and conditions herein set forth, free and clear of all liens, and
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 1
Version 3: 81512010
District has expressed willingness to accept the Sewer Collection Facilities and the responsibility
to provide continuing sewer service to the Service Beneficiaries of said facilities.
WHEREAS, it is the objective of the Parties that the transfer of the Sewer Collection Facilities
be accomplished in a manner that will maintain equity to the ratepayers and property owners of
each of the Parties.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and
conditions herein, the Parties agree as follows:
AGREEMENT
1.0. EFFECTIVE DATE. This Agreement shall be effective upon execution by all Parties,
and all assets, liabilities, contractual rights and obligations, and any other real or personal
property or other interest whatsoever of the City, related to the Sewer Collection
Facilities, shall be transferred to the District in accordance with this Agreement by
October 1, 2010 ("Transfer Date").
2.0. MUTUAL CONSIDERATION. In reliance on the City's disclosures and
representations, and in exchange for mutual consideration provided by the terms,
conditions, covenants, and promises of this Agreement and the transfer of the Sewer
Collection Facilities, the District agrees to assume the obligation and responsibility to
provide sewer service and maintenance to the East Yorba Linda Area. In consideration
for the District assuming the obligation and responsibility to provide sewer service and
maintenance to the East Yorba Linda Area, the City agrees to transfer the Sewer
Collection Facilities to the District.
3.0. TRANSFER OF ASSETS. Subject to the terms and conditions of this Agreement, on
the Transfer Date, the City transfers and assigns to the District, and District accepts, all of
the City's right, title and interest in and to the following assets, rights, claims, properties
and interests that the City owns, (collectively, the "Transferred Assets"):
3.1. Sewer Collection Facilities. All of the City's right, title and interest in and to the
Sewer Collection Facilities owned, leased or otherwise possessed by the City, as
more fully described on Exhibit "A" ("Sewer Collection Facilities")
3.2. Easement Deeds and Real Property. All of the City's rights to access or use any
real property or rights, title and interest to real property (including by lease,
license, permit or easement) directly or indirectly used in the operation of the
Sewer Collection Facilities, including, without limitation, those leases, easements,
and real properties identified as Exhibit "B" ("Easements").
3.3. Permits. All approvals, consents, licenses, permits, waivers or other authorizations
issued, granted, given, applied for at the time of the Transfer Date or otherwise
made available by or under the authority of any Governmental Authority (other
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 2
Version 3: 81512010
than the City) for the ownership or operation of any Sewer Collection Facility,
including, without limitation, those Permits specified on Exhibit "C" ("Permits")
to the extent such Permits are assignable.
3.4. Sewer Related Inventory Items. Any and all inventory items utilized for the
maintenance, repair, replacement, or rehabilitation of the Sewer Collection
Facilities, attached hereto as Exhibit "D".
4.0. DISTRICT'S SERVICE OBLIGATIONS. Commencing on the Transfer Date, the
District will provide continuing sewer service to residents that overlie the Sewer
Collection Facilities and were previously served by the City.
5.0. MODIFICATION OF PRIOR AGREEMENT. The Parties hereby modify the
"Agreement for the Provision of Water and Sewer Services" between the City of Yorba
Linda and the Yorba Linda Water District, dated October 3, 1977 (the "1977
Agreement") as specified below. Except as expressly modified herein, the 1977
Agreement shall remain in full force and effect. To the extent that there is inconsistency
between this Agreement and the 1977 Agreement, the terms of this Agreement shall
govern.
5.1. Paragraph 10 is deleted in its entirety and the following paragraph is substituted in
its place:
10. Water and Sewer Services. Water and sewer
services to all areas within the City, including future
territory annexed thereto, shall be provided by the District.
The City agrees not to provide such services. The terms of
this paragraph shall not limit the ability of the District to
supply water and sewer services outside the boundaries of
the City. The District shall be responsible for the design,
construction, operation, maintenance, repair and
replacement of all facilities, including in-tract subdivision
systems, necessary to provide such water and sewer
services. Developers applying to the District for water and
sewer services shall comply with all of its rules and
regulations, provided that such water and sewer services
and conditions imposed by the District shall be in accord
with generally accepted standards for public water and
sewer supply systems. Nothing contained in this
Agreement shall in any way limit the authority of the
District in connection with its legal powers to supply
water and sewer services."
5.2. Paragraph 12, formerly entitled "City Sewer Service Area," is deleted in its
entirety and the following paragraph is substituted in its place:
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 3
Version 3: 81512010
12. District Sewer Service Area. The District shall
provide sewer service to all of those areas within the City,
including future territory annexed thereto, as shown on
Exhibit `A' as the `City Sewer Service Area."'
6.0. Paragraphs 13, 14, 15, 16, and 17 remain in full force and effect except where the context
requires that the word "City" be substituted by the word "District" in order to be
consistent with Paragraph 10 and the District's assumption of obligations and
responsibilities under this Agreement.
7.0. DISCLOSURES and REPRESENTATIONS. The City has made the following
disclosures and representations to the District in connection with this Agreement. The
City represents that the information and documents provided to the District as described
below are complete and that the City has no knowledge of additional information or
documents that have not been provided to the District and that would be material to these
disclosures and representations. The District enters into this Agreement in reliance on the
following disclosures and representations.
7.1. The City hereby represents that it has provided the District with a full accounting
of monies and funds collected and expended to operate the Sewer Collection
Facilities, including but not limited to Income and Expense reports, Balance
Sheets, a listing of bad debts/delinquencies and audit reports for FY 2008/09 and
FY 2009/10.
7.2. The City hereby represents that it has provided the District with any and all
maintenance records, repair records, construction documents, purchase documents
(including receipts and written warranties), and/or logs that relate to the Sewer
Collection Facilities for the period January 2005 to the present.
7.3. The City hereby represents that it has provided the District with any and all as-
built maps, specifications, and/or mapping documents that relate to the Sewer
Collection Facilities.
7.4. The City hereby represents that it has provided the District with information and
documentation related to the Fats, Oil and Grease (FOG) Program currently
mandated in the Waste Discharge Requirements (WDR). This provision of
information, however, shall not relieve the City of compliance obligations under
this Agreement, as discussed below.
7.5. The City hereby represents that it has provided the District with copies of any and
all information, correspondence, permits and/or orders related to industrial waste
discharge for the period 2005 to the present.
7.6. The City hereby represents that this Agreement pertains to the Sewer Collection
Facilities only, which is a portion of the sanitary sewer system that serves the City
of Yorba Linda, and that the Agreement does not pertain to storm drains.
7.7. The City hereby represents that it holds in good standing and is currently in
compliance with all permits and licenses necessary to operate the Sewer
Collection Facilities and has not violated any applicable laws, rules or rcaulations
in connection with its operation of the Sewer Collection Facilities.
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 4
Version 3: 81512010
7.8. The City hereby represents that it is currently aware of no claim or threat of
litigation against the City or its assets in connection with the construction,
operation or maintenance of the Sewer Collection Facilities, nor has the Cites
notified of any investigation or inquiry by any governmental agency or authority
into the operation of the Sewer Collection Facilities.
7.9. The City hereby represents that no third party holds a security interest or
encumbrance in the Sewer Collection Facilities, the Easements, or any funds that
will be provided to the District pursuant to this Agreement.
7.10. The City hereby represents that it holds clear title to all real property interests
identified on Exhibit "B" hereto.
7.11. The City hereby represents that all approvals, consents, licenses, permits, waivers
or other authorizations issued, granted, given, applied for at the time of the
Transfer Date or otherwise made available by or under the authority of any
Governmental Authority (other than the City) for the ownership or operation of
the Sewer Collection Facility are listed on Exhibit "C" hereto.
7.12. The City hereby represents that all inventory items it currently utilizes for the
maintenance, repair, replacement and/or rehabilitation of the Sewer Collection
Facilities are listed and accounted for on Exhibit "D" hereto.
8.0. SEWER FUND AND INCOME. The City agrees to remit to the District any and all
unexpended sewer related funds paid directly by the residents or collected from the
property tax billings for sewer maintenance charges through to the Transfer Date.
Effective as of the Transfer Date, the City will continue to derive income from the
property tax billings for the sewer maintenance charge placed on the County of Orange
tax roll for the sewer customers served by the City for FY 2010/11. The City agrees to
remit to the District, on a monthly basis, any and all subject sewer related income
previously described along with a listing of the parcels associated with the funds received
by the County.
9.0. GREENCREST LIFT STATION REPLACEMENT. Notwithstanding any other
provision in this Agreement, the Parties mutually agree that the sewer lift station located
on Greencrest Drive, which provides service to seven residential homes, requires
replacement at this time. The City agrees to provide the finding for the replacement of
the lift station. The District agrees to coordinate the replacement effort, including
soliciting engineering estimates, preparing bid documents, soliciting bids, and awarding a
contract for replacement. The District agrees to consult with the City prior to approving
the contract for replacement.
10.0. WASTEWATER RATE STUDY. The City agrees to authorize the consulting firm of
PBSJ to provide District with any and all information, including working documents,
calculations and analysis, the District may deem necessary to assess and evaluate the City
of Yorba Linda Wastewater Rate Study (Attached as Exhibit "E") prepared by PBSJ
dated April, 2010 and adopted by the City on July 20, 2010.
11.0. ORANGE COUNTY SANITATION DISTRICT REPRESENTATION. The City
agrees to support District membership representation on the Orange County Sanitation
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 5
Version 3: 81512010
District Board and support the appointment of a representative from the District. The
District representative shall be selected by the District's Board of Directors.
12.0. REGULATORY AND JURISDICTIONAL AGENCY SUPPORT. The City agrees
to support and provide assistance where applicable, to the District, in the event permits or
other documentation are required from regulatory or jurisdictional agencies (e.g.
Regional Water Quality Control Board or Local Agency Formation Commission) for the
transfer of the Sewer Collection Facilities to be finalized.
13.0. CODE ENFORCEMENT SERVICES. The City agrees to provide Code Enforcement
services, on behalf of the District and throughout the service boundaries of the District, to
enforce the Fats, Oil and Grease (FOG) Program currently mandated through the Waste
Discharge Requirements (WDR). The District agrees to reimburse the City for said
services at a cost mutually agreed upon by both Parties and by separate agreement.
14.0. REIMBURSEMENT BY CITY FOR RELOCATION. The City acknowledges that
most of the Sewer Collection Facilities are located in the public right of way. In the
event City requires District to relocate any portion of the Sewer Collection Facilities
transferred by this Agreement after the Transfer Date, the City agrees to pay, in advance
of commencement of construction, all costs incurred by the District for such relocation,
including design and engineering fees, material costs and construction cost.
15.0. LIMITED ASSUMPTION OF LIABILITIES. The District shall assume the following
listed liabilities for the ongoing operation of the Sewer Collection Facilities.
15.1. All accounts payable first accruing from and after the Transfer Date. The City shall
retain all responsibility for collection and recovery of accounts payable accruing
prior to the Transfer Date.
15.2. All accounts payable first accruing from and after the Transfer Date. The City shall
retain all responsibility for collection and recovery of accounts payable accruing
prior to the Transfer Date.
15.3. All performance obligations, including payment, under the following contracts
between the City and third parties related to the Sewer Collection Facilities. The
City assumes all responsibility for obtaining written assignment or transfer of these
contracts, as may be required:
15.3.1. [LIST OF ALL CONTRACTS YLWD WILL ASSUME.]
15.4. All performance obligations, including reporting, under all approvals, consents,
licenses, permits, waivers or other authorizations listed on Exhibit C, attached
hereto and incorporated herein by reference.
16.0. INDEMNIFICATION.
16.1. Except as specifically identified and assumed in this Agreement, the District shall
not assume any liabilities or potential liabilities of the City, known or unknown,
that existed as of the Transfer Date relating to contracts, claims, lawsuits, debts,
permits, fines, penalties, interest, treatment charges, or other costs related to the
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 6
Version 3: 81512010
Sewer Collection Facilities. City shall indemnify, hold harmless and defend the
District at the City's own cost, expense and risk, against any and all claims, suits,
actions or other legal proceedings of every kind that may be brought or instituted
against District or any of its directors, officers, employees, agents, representatives,
successors and/or assigns relating to the Sewer Collection Facilities during any
period of time prior to the Transfer Date, irrespective of when the claim, suit,
action or other legal proceeding was or is initiated. City shall pay and satisfy any
judgment, award or decree that may be rendered against District or any of its
directors, officers, employees, agents, representatives, successors and assigns or
authorized volunteers, in any and all such aforesaid suits, actions, or other legal
proceedings.
16.2. The District shall indemnify, hold harmless and defend the City at the District's
own cost, expense and risk, against any and all claims, suits, actions or other legal
proceedings of every kind that may be brought or instituted against City or any of
its Council, officers, employees, agents, representatives, successors and/or assigns
arising out of or relating to the obligations expressly assumed in this agree and to
District's performance of its duties, as established herein, to provide sewer service
after the effective date to the areas formerly served by the City.
17.0. FEES AND COSTS.
17.1. Each Party shall bear its own fees, costs or expenses, including attorney's fees
and consultant fees, incurred in connection with the preparation, negotiation,
finalization, approval or documentation of this Agreement and the related
documents and transactions contemplated herein, regardless of when incurred.
17.2. In the event of any action arising out of, or in connection with, enforcement of
this Agreement, the prevailing Party shall be entitled to have and recover, in
addition to damages, injunctive or other relief, its reasonable costs and expenses,
including without limitation, its attorney's fees.
18.0. NOTICES. Unless otherwise expressly stated in this Agreement, all notices, requests
and other communications under this Agreement shall be in writing and shall be
delivered (1) in person, (ii) by registered or certified mail, return receipt requested, (iii) by
recognized overnight delivery service providing positive tracking of items (for example,
Federal Express), or (iv) by facsimile or other electronic transmission if a copy is sent
simultaneously by a method described in clause (i), (ii) or (iii), addressed as hereinafter
provided or at such other address of which the City or the District shall have given notice
as provided in this Section. All such notices, requests and other communications shall be
deemed to have been sufficiently given for all purposes hereof only upon receipt by the
party to whom such notice is sent. Notices by the parties may be given on their behalf by
their respective attorneys. Notices should be provided in accordance with this Section at
the following addresses:
District: General Manager
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 7
Version 3: 81512010
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
City: City Manager
City of Yorba Linda
4845 Casa Loma
Yorba Linda CA, 92886-3364
19.0. SEVERABILITY. If one or more provisions of this Agreement shall be held invalid,
illegal or unenforceable, such provision shall, to the extent possible, be modified in such
manner as to be valid, legal and enforceable but so as to most nearly retain the intent of
the parties, and if such modification is not possible, such provision shall be severed from
this Agreement. In either case, the balance of this Agreement shall be interpreted as if
such provision were so modified or excluded, as the case may be, and shall be
enforceable in accordance with its terms.
20.0. ENTIRE AGREEMENT. This Agreement, together with the Exhibits, contemplated
hereby, embodies the entire understanding and agreement of the City and the District
with respect to the subject matter of this Agreement and merges and supersedes all prior
representations, agreements, and understandings, whether oral or written, between the
City and the District with respect to the subject matter hereof, including, without
limitation, any and all written or oral statement or representations by any official,
employee, agent, attorney, consultant, or independent contractor of the City or the
District.
21.0. COUNTERPARTS. This Agreement may be executed in two or more counterparts,
including by means of faxed signature pages, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as
of the day and year written above.
District: City:
Yorba Linda Water District City of Yorba Linda
By: By:
William R. Mills John Anderson
President of the Board of Directors Mayor, City of Yorba Linda
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 8
Version 3: 81512010
ATTEST:
Kenneth Vecchiarelli
Secretary of the Board of Directors
APPROVED AS TO FORM:
McCormick, Kidman and Behrens, LLP
By:
Arthur G. Kidman, General Counsel
APPROVED AS TO FORM:
By:
City of Yorba Linda, General Counsel
Attachments: Exhibit A: Sewer Collection Facilities
Exhibit B: Easements
Exhibit C: Permits
Exhibit D: Inventory Items
Exhibit E: Wastewater Rate Study
PUBLIC SEWER TRANSFER AGREEMENT
City of Yorba Linda Yorba Linda Water District
Page 9
ITEM NO. 10.2
AGENDA REPORT
Meeting Date: August 12, 2010
Subject: Finance-Accounting Committee
(Sum merfield/Collett) Alternate: Mills
• Minutes of meeting held August 9, 2010 at 4:00 p.m. (To be provided at the
meeting.)
• Meeting scheduled September 13, 2010 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
080910 FA - Minutes.doc FA Mtg Minutes 08/09/10 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
FINANCE -ACCOUNTING COMMITTEE MEETING
August 9, 2010
A meeting of the Finance-Accounting Committee was called to order by Director
Summerfield at 4:00 p.m. The meeting was held at the District's Administrative Office at
1717 E Miraloma Ave, Placentia CA 92870.
COMMITTEE STAFF
Director John W. Summerfield, Chair Ken Vecchiarelli, General Manager
Director Ric Collett Stephen Parker, Finance Director
1. PUBLIC COMMENTS
None.
2. ACTION CALENDAR
2.1. June 2010 Budget to Actual Results
Mr. Parker presented the June monthly financials and clarified that the
numbers presented did not include all the year-end accruals, but included
all the routine monthly invoices. Mr. Parker explained that the monthly
report reflects a number of successes from last year and earlier in the
current year including variable expenses finishing at 86% of budget while
revenues were 95% of budget. In addition, supplies and services were
only 80% of budget due to aggressive efforts to limit or defer expenses
within staff's control. The Committee reviewed, received and filed the
June 2010 Budget to Actual Results.
2.2. Monthly Investment Report for June 2010
Mr. Parker presented the monthly investment report and shared that the
total average portfolio yield for the month of June was 0.83%. He also
noted that the COP Revenue Bond fund was reduced by approximately
$1 M due to approved CIP project spending, and that the Water Operating
Fund increased by over $500,000 from the previous month. Mr. Parker
mentioned that some formatting changes would take place with the report
presented to the Committee the following month. The Committee received
and filed the June 2010 Investment Report.
3. DISCUSSION ITEMS
3.1. SAS 114 Required Communications (As a courtesy to Mr. Patel,
this item was discussed out of order and prior to the other items.)
Mr. Nitin Patel, Partner with Diehl Evans discussed the upcoming annual
audit and explained to the Committee the required communications
including what the audit represents, what it is does not, the nature and
limitations of statistical sampling, acceptable auditing practices,
1
reasonable professional standards and the expected timing of the audit.
The auditors will be in the field (i.e. at the District) the week of August 16th
and expect to present the results of the audit to the Board at the first
meeting in October. Mr. Parker mentioned that this year the District is
preparing a Comprehensive Annual Financial Report (CAFR) rather than
just basic financial statements for this year's audit. Mr. Parker and Mr.
Patel described the differences between basic financial statements and a
CAFR to the Committee. The Committee asked about any added costs or
resources required to complete a CAFR. Mr. Parker explained that staff
would prepare the additional tables and schedules needed to satisfy the
requirements and there would be no additional costs from the auditing firm
to review this document. Mr. Parker also clarified that while there are no
guarantees that the District will receive recognition for this effort, it is still
worthwhile to strive for achievement of the goal.
3.2. June 2010 Debt Service Ratio Calculation
Mr. Parker presented the preliminary debt service ratio calculation of 1.68
and explained that while a number of year-end accruals were not yet
included in this years' calculation, the capitalized interest journal entry,
which reduces the debt service amount in the denominator of the
calculation and improves the ratio, also was not yet included. Mr. Parker
expected the ratio to stay similar or increase some as a result. Mr.
Vecchiarelli clarified that while the capitalized interest may improve the
ratio in the current year, as the District spends down the bond revenue,
closes out and begins to depreciate the associated projects, the
capitalized interest amount will decrease dramatically and eventually falls
out of the calculation. This is expected to occur within the next year or two
when the 2008 Bond Fund revenues are completely spent.
3.3. Future Agenda Items and Staff Tasks
Mr. Vecchiarelli informed the Committee that staff is tentatively looking at
October for scheduling a workshop relating to financial results from the
water rate study. Mr. Vecchiarelli also shared that if discussions progress
with the City of Yorba Linda for the possible transfer of the public sewer
system, the Finance Department will prepare a financial analysis, following
completion of the annual audit, showing more detailed information
regarding the financial impacts of this tentative transfer.
4. ADJOURNMENT
4.1. The Committee adjourned at 4:34 p.m. The next regular meeting of the
Finance-Accounting Committee will be held on September 13, 2010 at
4:00 p.m.
2
ITEM NO. 10.4
AGENDA REPORT
Meeting Date: August 12, 2010
Subject: Planning-Engineering-Operations Committee
(Mills/Summerfield) Alternate: Beverage
Minutes of meeting held August 5, 2010 at 4:00 p.m.
Meeting scheduled September 2, 2010 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
PEO Minutes - 080510.doc PEO Mtg Minutes 08/05/10 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
PLANNING-ENGINEERING-OPERATIONS COMMITTEE MEETING
August 5, 2010
A meeting of the Planning-Engineering-Operations Committee was called to order by
Director Mills at 4:00 p.m. The meeting was held at the District's Administrative Office
at 1717 E Miraloma Ave, Placentia CA 92870.
COMMITTEE STAFF
Director William R. Mills, Chair Ken Vecchiarelli, General Manager
Director John Summerfield Steve Conklin, Engineering Manager
Lee Cory, Operations Manager
Ken Mendum, Ops Superintendent
John DeCriscio, Chief Plant Operator
1. PUBLIC COMMENTS
None.
2. DISCUSSION ITEMS
2.1. Monthly Groundwater Production and Purchased Import Water Report
Mr. DeCriscio reported that water demand for July was 8.6% under the
budget projections, which are based on a 15% reduction in demands from
two years ago. This reduced demand represents conservation of 23.6%,
or 13.6% below the 10% reduction required by water allocations. He also
reported that our import use was 65% of demand for July, about 10%
higher than normal, to take advantage of the lower import water rate which
will increase in January, 2011. Mr. DeCriscio also provided a graph
showing average daily demand for each day of the week for the month of
July, showing the highest demands (24 to 25 MG) for Monday and Friday.
2.2. Monthly Preventative Maintenance Program Report
Mr. Mendum reported on PM for the month, noting that we are on target
for valves, sewer cleaning and sewer televising, and ahead on air vac
testing and maintenance.
3. ACTION CALENDAR
3.1. Amendment to On-Call Services Contract with MWH Americas (MWH).
Mr. Conklin reported that MWH was originally retained for on-call services
under the General Manager's signing authority, with two amendments
later approved through the general manager and the Board for additional
services. In the process of providing the Amendment No. 2 services,
MWH was requested by staff to provide assistance with other tasks not
planned, but necessary due to demands with other approved capital
projects requiring water system modeling. These extra tasks consumed
most of the design services budget, and a third amendment is requested
1
to complete the tasks at hand for work in progress with MWH. Following
discussion, the Committee supported staff's recommendation for approval
of Amendment No. 3 for $45,500.
3.2. Approval of Change Order No. 4 for Highland Reservoir Replacement
Project.
Mr. Conklin reported that construction is almost complete on the new
reservoir, with the reservoir serving water, demolition of the temp tanks in
progress, and backfill planned to start by the middle of August. He
described the items proposed in Change Order No. 4, which covers all of
the remaining items of change negotiated with the contractor. The items
were briefly discussed, which result in a net credit to the District of
$38,815. Following discussion, the Committee supported staff's
recommendation for approval of C.O. No. 4.
3.3. Award of Construction Contract for Highland Booster Station Replacement
Project
Mr. Conklin reported that nine bids were received, ranging from a low of
$4,525,800 to a high of $5,631,596, with an Engineer's Estimate of
$5,440,000. The bid tabulation and other bid documents of the low-bidder
Pacific Hydrotech Corp (PHC) were reviewed and found to be in order.
Following discussion, the Committee supported staff's recommendation
for award to PHC for $4,525,800.
3.4. Brand-Name Requirements for Well No. 20 Wellhead Equipping.
Mr. Conklin reported that design is proceeding on schedule on the project.
He noted that staff has requested that several key design and
manufactured components from specific suppliers are desired to match
systems currently in use on other water facilities in order to maximize
operational and maintenance efficiencies. It was noted that per the Public
Contracts Code, the Board may approve specifying brand-name products
if they are needed to match those in use. A staff memorandum was
provided listing products and justification for each. Following discussion,
the Committee supported staff's recommendation for brand-name required
equipment.
3.5. Sewer Agreement for MWD's Diemer Treatment Plant
Mr. Conklin reported that a new agreement has been successfully
negotiated with MWD for sewer service for the Diemer Treatment Plant,
replacing an agreement for a much smaller operation, in place since 1968.
The new agreement requires MWD to pay a $265,890 sewer trunk capital
capacity fee and monthly discharge fees, as well as meeting quality,
quantity and metering requirements. Mr. Vecchiarelli noted that the one-
time payment of $265,890 will be credited to the District's Sewer Capital
Reserve Account, to cover on-going costs for refurbishment and
replacement of sewer facilities. Following discussion, the Committee
supported staff's recommendation for approval of the sewer agreement.
2
3.6. Terms and Conditions for Water Service with Yorba Linda Country Club
Mr. Conklin reported that the Yorba Linda Country Club has requested
water service as a back up to their two on-site wells that provide irrigation
water for the golf course. He described the proposed facilities necessary
and noted that per the service agreement, the country club will pay for
water used at two-times the normal billing rate and that the proposed
water service may be terminated at the District's discretion during
declared drought conditions. Following discussion, the Committee
supported staff's recommendation for approval of the terms and
conditions.
3.7. Well Optimization Study Amendment No. 1 with Camp Dresser and
McKee, Inc. (CDM)
Mr. Conklin reported that CDM has been providing services to evaluate
the condition of the District's wells and providing recommendations on
means to maximize production to meet current water demands. These
services have been successful in evaluating and upgrading Wells 5 and
12. Amendment No. 1 is requested for inspection of the new pump in Well
12 and for consulting services for the refurbishment of Well No. 1.
Following discussion, the Committee supported staff's recommendation
for approval of Amendment No. 1 in the amount of $35,395. The
Committee requested that CDM also be tasked to provide a summary
report at the completion of the well refurbishment project describing the
projected long-term production capacity of the District's wells.
4. DISCUSSION ITEMS
4.1. Report on Preliminary Planning for Elk Reservoir Site Development
Mr. Conklin briefly reviewed the staff report provided to the Committee on
the potential development of the Elk Mountain Reservoir site for a youth
sports practice area. Preliminary cost estimates in the report showed that
a natural-grass field may cost in the range of $271,000 and a comparable
artificial-turf field $738,000. Mr. Vecchiarelli noted that he had met that
day with Mr. Steve Rudometkin, the new City Manager for Yorba Linda.
This potential project was among items discussed, and Mr. Rudometkin
expressed interest in possible city participation. Following discussion, the
Committee asked staff to pursue further discussions on this with city staff.
4.2. Monthly Groundwater Producers Meeting Report
Mr. Conklin reported on the items presented and discussed at the July 14
meeting.
4.3. Status Report on Capital Projects in Progress
Mr. Conklin reported on the status of District projects currently in planning,
design and construction. Concerning the Sewer Master Plan in progress,
the Committee asked if the plan will include a program and cost estimate
to sewer the homes currently on septic tank systems. Mr. Vecchiarelli
noted that the plan will identify the number and location of properties with
3
existing septic systems. Also, the capacity study will determine if there
are any downstream deficiencies, if and when the flow from the septic
systems is diverted to the public sewer. However, the proposed means to
encourage, implement and fund the conversion is not included in the
study. It was noted that this is a task that needs to be considered by the
District, along with potential funding programs for future consideration.
4.4. Future Agenda Items and Staff Tasks.
The Committee inquired about the proposed 11-lot King Family
development in the Casino Ridge area, which has been considered
several times by the Committee in its various forms throughout the past
few years. Proponents of the project have contacted Directors asking that
the project be reconsidered in the near future. Following discussion, the
Committee asked staff to review the latest proposal from the development
and report back to the Committee with recommendations.
5. ADJOURNMENT
5.1. The meeting was adjourned at 5:45 p.m. The next regular meeting of the
Planning-Engineering-Operations Committee will be held September 2,
2010 at 4:00 p.m.
4
ITEM NO. 10.6
AGENDA REPORT
Meeting Date: August 12, 2010
Subject: MWDOC/OCWD Ad Hoc Committee
(Mills/Beverage) Alternate: Collett
Minutes of meeting held July 27, 2010 at 4:00 p.m.
Meeting scheduled September 28, 2010 at 4:00 p.m.
ATTACHMENTS:
Name: Description: Type:
072710 MWDOC OCWD Minutes.doc MWDOC/OCWD Mtg Minutes 07/27/10 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
MWDOC AND OCWD AD HOC COMMITTEE MEETING
July 27, 2010
A meeting of the YLWD/MWDOC/OCWD Ad Hoc Committee was called to order at 4:00
p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma
Ave, Placentia CA 92870.
YLWD COMMITTEE MEMBERS YLWD STAFF
Director William R. Mills, Chair Ken Vecchiarelli, General Manager
Director Michael J. Beverage
MWDOC COMMITTEE MEMBERS MWDOC STAFF
Director Brett Barbre Kevin Hunt, General Manager
OCWD COMMITTEE MEMBERS OCWD STAFF
Director Roger Yoh Mike Markus, General Manager
1. PUBLIC COMMENTS
None.
2. DISCUSSION ITEMS
2.1. Status of OCWD Annexation
Mr. Markus reported the annexation MOU was approved by OCWD Board
on a vote of 8-1 and is moving forward for the three agencies to execute.
A schedule of milestone events begins immediately following execution of
the agreement, with selection of a CEQA consultant by OCWD in
September. There will also be a series of four workshops hosted by
OCWD, to consider and discuss concerns by several of the groundwater
producers regarding possible financial impacts to their agencies by the
added demands on the basin.
2.2. Status of Settlement Agreement with South County Agencies
Mr. Hunt reported on the status of the agreement and MWDOC's plans to
address the matters with their constituents in efforts to receive a two thirds
majority approval of nineteen agencies. Mr. Hunt stated the desire to
have IRWD be the first agency to execute the agreement.
2.3. Changes to Metropolitan's Water Allocation Program
Mr. Hunt and Mr. Barbre reported that while Met's State Water Project
Allocation is higher than anticipated earlier in the year, the additional
allocation will be used to replenish severely depleted storage reserves.
1
2.4. Metropolitan's Integrated Resources Plan
Mr. Hunt reported on Met's draft IRP and shared that Met will host a series
of stakeholder forums or workshops to receive input and comments on the
draft plan which includes four key elements or strategies involving water
resources and Met's role in each.
2.5. Future Agenda Items and Staff Tasks
The Committee discussed proposed desalination projects and Met's Red
Ribbon Committee as topics for future discussions.
3. ADJOURNMENT
3.1. The Committee adjourned at 5:00 p.m. The next regular meeting of the
YLWD/MWDOC/OCWD Ad Hoc Committee will be held September 28,
2010 at 4:00 p.m.
2
ITEM NO. 10.7
AGENDA REPORT
Meeting Date: August 12, 2010
Subject: Citizens Advisory Committee
Minutes of meeting held July 26, 2010 at 8:30 a.m.
Meeting scheduled August 23, 2010 at 8:30 a.m.
ATTACHMENTS:
Name: Description: Type:
072610 - CAC Minutes.doc CAC Mtg Minutes 07/26/10 Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
CITIZENS ADVISORY COMMITTEE MEETING
July 26, 2010
1. CALL TO ORDER
A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. by
Committee Chair Carl Boznanski. The meeting was held at the District's
Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870.
COMMITTEE MEMBERS PRESENT STAFF PRESENT
Bill Guse Gene Scearce Ken Vecchiarelli, General Mgr
Bob Kiley Lindon Baker Damon Micalizzi, PI Officer
Carl Boznanski Modesto Llanos
Greg Meyers Oscar Bugarini OTHER VISITORS
Mark Schock
Michael Baker
2. PUBLIC COMMENTS
None.
3. DISCUSSION ITEMS
3.1. City of Yorba Linda Sewers Update (Verbal Report from Committee)
The Committee discussed the Yorba Linda City Council's decision to set
the City's sewer rate at $5.50 and direction for staff to explore a transfer
with YLWD.
3.2. November Water Bond Measure (Verbal Report from OC Water Summit)
The Committee briefly discussed the November Water Bond Measure and
its fate in the Legislature, but deferred additional discussion to a later date.
3.3. Hidden Hills and Highland Reservoir Update (Verbal Report)
Mr. Vecchiarelli updated the Committee on the latest developments in the
Hidden Hills and Highland Reservoir construction projects, reporting both
projects are in service.
3.4. Year End Conservation Update
Mr. Vecchiarelli updated the Committee on the year-end (09-10)
conservation statistics.
3.5. Future Agenda Items.
Staff report on potential practice fields atop District Reservoirs.
4. ADJOURNMENT
4.1. The Committee adjourned at 10:08 a.m. The next regular meeting of the
Citizens Advisory Committee will be held August 23, 2010 at 8:30 a.m.
1
ITEM NO. 12.1
AGENDA REPORT
Meeting Date: August 12, 2010
Subject: Meetings from August 13, 2010 - September 30, 2010
ATTACHMENTS:
Name: Dosciiption: Type:
BOD - Activity Calendar.pdf BOD Activity Calendar Backup Material
Board of Directors Activity Calendar
Event Date Time Attendance by:
August 2010
Exec-Admin-Organizational Committee Meeting Tue, Aug 17 4:OOPM Mills/Beverage
Yorba Linda City Council Tue, Aug 17 6:30PM Summerfield
MWDOC Board Wed, Aug 18 8:30AM Staff
OCWD Board Wed, Aug 18 5:00PM Staff
Public Information-Technology Committee Meeting Thu, Aug 19 4:OOPM Beverage/Hawkins
Personnel-Risk Management Committee Meeting Fri, Aug 20 4:00PM Collett/Hawkins
Citizens Advisory Committee Meeting Mon, Aug 23 8:30AM
Yorba Linda Planning Commission Wed, Aug 25 7:OOPM Hawkins
Board of Directors Regular Meeting Thu, Aug 26 8:30AM
September 2010
MWDOC/MWD Workshop Wed, Sep 1 8:30AM Staff
OCWD Board Wed, Sep 1 5:00PM Staff
Planning-Engineering-Operations Committee Meeting Thu, Sep 2 4:00PM Mills/Summerfield
Holiday Mon, Sep 6 7:30AM District Offices Closed
Public Information-Technology Committee Meeting Tue, Sep 7 4:00PM Beverage/Hawkins
Yorba Linda City Council Tue, Sep 7 6:30PM Mills
Yorba Linda Planning Commission Wed, Sep 8 7:00PM Collett
Board of Directors Regular Meeting Thu, Sep 9 8:30AM
WACO Fri, Sep 10 7:30AM Hawkins
Finance-Accounting Committee Meeting Mon, Sep 13 4:OOPM Summerfield/Collett
Personnel-Risk Management Committee Meeting Tue, Sep 14 4:00PM Collett/Hawkins
MWDOC Board Wed, Sep 15 8:30AM Staff
OCWD Board Wed, Sep 15 5:OOPM Staff
Exec-Admin-Organizational Committee Meeting Tue, Sep 21 4:00PM Mills/Beverage
Yorba Linda City Council Tue, Sep 21 6:30PM Summerfield
Yorba Linda Planning Commission Wed, Sep 22 7:00PM Hawkins
Board of Directors Regular Meeting Thu, Sep 23 8:30AM
Citizens Advisory Committee Meeting Mon, Sep 27 8:30AM
MWDOC/OCWD Ad Hoc Committee Meeting Tue, Sep 28 4:00PM Mills/Beverage
8/6/2010 8:47:04 AM